{ "case_number": "CAC-UDRP-105437", "time_of_filling": "2023-05-11 09:22:58", "domain_names": [ "corpnovartis.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Luis Angel (Correo Ilimitado)" ], "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. The Complainant, Novartis AG, was created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, and it is the holding company of the Novartis Group.<\/span>

The Complainant has an active presence in Peru where the Respondent is located, via its subsidiaries.<\/span>

The Complainant owns numerous domain names composed of either its trademark NOVARTIS alone, including <novartis.com>, <novartis.net> or in combination with other terms, e.g. <novartispharma.com>.<\/span>

The disputed domain name <corpnovartis.com> was registered on April 11, 2023 and has not been used in connection with an active website so far.<\/span><\/span><\/p>\n

The Respondent is Correo Ilimitado, represented by Luis Angel Arteaga Soria, who is providing software, systems and web development services and under this capacity he has arguably been contracted by the company CORPORACION NOVARTIS S.A.C. and its manager Mr. GUSTAVO HUGO SULLUCHUCO CONDOR, inter alia, for the purpose of registering the disputed domain name. The company CORPORACION NOVARTIS S.A.C. has been created and included in the corporate registry of Peru since May 5, 2022.<\/span><\/p>", "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": null, "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 the language of the proceedings should be English, since according to the website of the Registrar the language of the Registration Agreement of the disputed domain name is English and the Respondent has replied in English in its Response, therefore the parties are well-aware of the English language and able to communicate in this language.<\/p>\n

Further, the Parties agreed to suspend the proceedings three times in total and in accordance with Paragraph 11(a) of the CAC´s UDRP Supplemental Rules<\/span>, with the latest suspension lasting until August 7, 2023. On August 9, 2023 the Complainant requested to reinstate the proceedings, whereas the Center confirmed the reinstatement of the proceedings and asked the Complainant to pay the Additional UDRP Fee in accordance with Annex A of UDRP Supplemental Rules of the Czech Arbitration Court.<\/span><\/p>\n

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": [ "Stefanie Efstathiou LL.M. mult." ], "date_of_panel_decision": "2023-09-04 00:00:00", "informal_english_translation": "

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The Complainant owns several trademark registrations across various jurisdictions, including Peru, where the Respondent is based, inter alia the Peru Trademark for \"NOVARTIS\", No. P00029207, registered September 16, 1996, the Peru Trademark for \"NOVARTIS\", No. T00028670, registered September 16, 1996 and the international Trademark for \"NOVARTIS\", No. 1544148, registered June 29, 2020 (hereinafter cumulatively referred to as the \"Trademark\").<\/div>\n
<\/div>\n
The Respondent has not presented the Panel with any trademark or common law trademark rights which are relevant for the present case or connected to the disputed domain name.<\/div>\n<\/div>\n<\/div>\n<\/div>", "decision_domains": { "corpnovartis.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }