{ "case_number": "CAC-UDRP-105667", "time_of_filling": "2023-07-27 09:36:57", "domain_names": [ "novartis-us.xyz " ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "ExtraHostPro Webhosting Ikeja" ], "respondent_representative": null, "factual_background": "
The Novartis Group is one of the biggest global pharmaceutical and healthcare groups. It provides solutions to address the evolving needs of patients worldwide by developing and delivering innovative medical treatments and drugs. Novartis AG, created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group.

The Complainant’s products are manufactured and sold in many regions worldwide. The Complainant has an active presence in Nigeria, where the Respondent is located.

The Complainant is the owner of the trademark NOVARTIS registered in several classes worldwide, including Nigeria.

The Complainant owns numerous domain names composed of either its trademark NOVARTIS alone, including <novartis.com> or in combination with other terms, e.g. <novartispharma.com>. The Complainant uses these domain names to resolve to its official websites through which it informs Internet users and potential consumers about its NOVARTIS mark and its related products and services. 

The Complainant enjoys a strong presence online also via its official social media platforms.<\/div>\n
<\/div>\n
The Complainant notes that previous UDRP panels have stated that the NOVARTIS trademark is well-known. <\/div>\n
\n

The Complainant points out that the NOVARTIS trademark is clearly recognizable within the disputed domain name and that the mere addition of a descriptive\/geographic term would not prevent a finding of confusing similarity to a trademark.<\/p>\n

The Complainant considers that the addition of the top-level domain is a standard registration requirement and may be disregarded when assessing whether the disputed domain name is confusingly similar to the trademark in which the Complainant has rights.<\/p>\n

The Complainant submits that the disputed domain name should be considered as confusingly similar to the trademark \"NOVARTIS\".<\/p>\n

The Complainant notes that:<\/p>\n

- it has never had any previous relationships with the Respondent;
- it has never granted the Respondent any rights to use the NOVARTIS trademark in any form, including in the disputed domain name;
- when searched for “novartis-us” or “novartis-us.xyz” in popular search engines, the search results all pointed to the Complainant and its social media accounts or related topics; 
- when searching for the Respondents' name as revealed by the Registrar Verification along with the terms contained in the disputed domain name there are no relevant results showing that the Respondent is known by the disputed domain name;<\/p>\n

- there are no returned results when searching for any trademarks owned by the Respondent;<\/p>\n

- the disputed domain name resolved to an active page mimicking the official web-site of the Complainant <novartis.com> displaying trademarks of the Complainant, copyrighted imagery and creating general look and feel of the Complainant’s official page by replicating it; <\/p>\n

- the website associated with the disputed domain name displayed a banner at the very top of the page saying: “This is official website of Novartis”;<\/p>\n

- the website associated with the disputed domain name displayed a banner in bold red color “We are Recruiting at NOVARTIS” along with the button “Apply Now”;<\/p>\n

- the Complainant filed a takedown complaint with the hosting provider to stop the Respondent's contested activities, which has been accepted by the hosting provider.<\/p>\n

The Complainant observes that the Respondent, who should have performed a simple online search before registering the disputed domain name, has chosen to incorporate the distinctive well-known trademark NOVARTIS in the disputed domain name in its entirety without any authorization.<\/p>\n

The Complainant argues that it is inconceivable that the Respondent was unaware of the existence of the Complainant when it registered the disputed domain name. <\/p>\n

The Complainant submits that the Respondent, by registering the disputed domain name incorporating the well-known NOVARTIS trademark and the term “us”, clearly aimed at referring to the Novartis group.<\/p>\n

The Complainant notes that it is likely that the Respondent has malicious intent, as active MX records are associated with the disputed domain name. This fact further increases the possibility that internet users are misdirected by phishing emails sent by email addresses connected to the disputed domain name.<\/p>\n

<\/p>\n<\/div>", "other_legal_proceedings": "

The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "

Complainant´s contentions are summarised above.<\/span><\/p>\n

No administratively compliant Response has been filed. <\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "

The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Accepted", "panelists": [ "Michele Antonini" ], "date_of_panel_decision": "2023-09-03 00:00:00", "informal_english_translation": "

The Complainant is the owner of numerous registrations for the trademark \"NOVARTIS\", including the international trademark No 663765, registered on July 1, 1996, for goods and services in classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42.<\/p>\n

The disputed domain name was registered by the Respondent on July 20, 2023.<\/p>", "decision_domains": { "novartis-us.xyz ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }