{ "case_number": "CAC-UDRP-105928", "time_of_filling": "2023-11-01 10:35:49", "domain_names": [ "novartisqh.vip", "novartisqh.wiki" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Jacqueline k (The Polka Dot Bear Tavern )" ], "respondent_representative": null, "factual_background": "\n\n\n
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The Complainant, NOVARTIS AG, is a pharmaceutical and healthcare company based in Switzerland.<\/p>\n

The Complainant is the holder of several trademarks including the following:<\/p>\n

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  • \n

    NOVARTIS, international word mark No. 663765, registered on July 1, 1996, in classes 01, 02, 03, 04, 05, 07, 08, 09, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40, 42; <\/p>\n<\/li>\n

  • \n

    NOVARTIS, EU word mark No. 013393641, registered on March 17, 2015, in classes 9 and 10; <\/p>\n<\/li>\n

  • \n

    NOVARTIS, US word mark No. 2336960, registered on April 4, 2000, in classes 1, 5, 9, 10, 29, 30, 31, 32, 42;<\/p>\n<\/li>\n

  • NOVARTIS (including logo), US figurative word mark No. 6990442, registered on February 28, 2023 in class 5.<\/li>\n<\/ul>\n

    The Complainant also claims to own several domain names including:<\/p>\n

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    • <novartis.com><\/li>\n
    • <novartispharma.com> <\/li>\n<\/ul>\n

      The disputed domain names <novartisqh.vip> and <novartisqh.wiki> were registered on September 11, 2023. According to the Complainant’s evidence, the disputed domain name <novartisqh.vip> resolved to a website in Chinese showcasing the NOVARTIS figurative mark and containing links to other webpages showcasing the NOVARTIS mark in prominent positions, including one webpage linked to the other disputed domain name <novartisqh.wiki> mimicking the content available at one of the Complainant’s official websites. According to the Complainant’s evidence, the disputed domain name <novartisqh.wiki> resolved to an inactive page. Following a takedown action by the Complainant, the Panel observes that the disputed domain names currently both resolve to an inactive web page.<\/p>\n

      The Complainant shows it tried to contact the registrant but claims it never received a response to its cease and desist letter dated September 15, 2023.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>", "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": "

      PARTIES' CONTENTIONS:<\/p>\n

      COMPLAINANT: <\/p>\n

      The Complainant considers the disputed domain names to be confusingly similar to a trademark in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain names. According to the Complainant, the Respondent has never been granted any right to use the NOVARTIS trademark in any form, including in the disputed domain names, nor is the Respondent affiliated with the Complainant in any form. The Complainant has not found that the Respondent is known by the disputed domain names. The Complainant claims that there is no evidence showing that the Respondent has been using, or preparing to use, the disputed domain names in connection with a bona fide offering of goods and services or has made a legitimate noncommercial or fair use of the disputed domain names. Finally, the Complainant considers that the disputed domain names were registered and are being used in bad faith. The Complainant contends that the Respondent knew the Complainant and the NOVARTIS trademark at the time it registered the disputed domain names. The Complainant further claims that<\/span> the disputed domain name <novartisqh.vip> is aimed to attract Internet users to the website linked to it, for commercial gain, by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of the website and that this disputed domain name is used for illegal activity. According to the Complainant, it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain names by the Respondent that would not be illegitimate.<\/span><\/div>\n

      RESPONDENT:<\/p>\n

      The Respondent did not reply to the Complainant’s contentions.<\/span><\/div>", "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": [ "Flip Petillion" ], "date_of_panel_decision": "2023-12-12 00:00:00", "informal_english_translation": "

      The Complainant is the holder of several trademarks including the following:<\/p>\n

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      • NOVARTIS, international word mark No. 663765, registered on July 1, 1996, in classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40, 42;<\/li>\n
      • NOVARTIS, EU word mark No. 013393641, registered on March 17, 2015, in classes 9 and 10;<\/li>\n
      • NOVARTIS, US word mark No. 2336960, registered on April 4, 2000, in classes 1, 5, 9, 10, 29, 30, 31, 32, 42;<\/li>\n
      • NOVARTIS (including logo), US figurative word mark No. 6990442, registered on February 28, 2023 in class 5.<\/li>\n<\/ul>", "decision_domains": { "novartisqh.vip": "TRANSFERRED", "novartisqh.wiki": "TRANSFERRED" }, "panelist": null, "panellists_text": null }