{ "case_number": "CAC-UDRP-106183", "time_of_filling": "2024-01-29 10:05:44", "domain_names": [ "novartis-eu.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Novartis AG " ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Thomas Tay" ], "respondent_representative": null, "factual_background": "

The Complainant is one of the biggest global pharmaceutical and healthcare groups. It provides solutions worldwide by developing and delivering medical treatments and drugs. Novartis AG (the “Complainant”), with headquarter in Switzerland, created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group. In 2022, Novartis achieved net sales from continuing operations of USD 50.5 billion, and total net income amounted to USD 7.0 billion and employed approximately 102 000 full-time equivalent employees as of December 31, 2022. <\/span><\/p>\n

The Complainant is the owner of the registered well-known trademark NOVARTIS in numerous jurisdictions all over the world, including in Singapore, a country where it has an active presence through its subsidiaries and associated companies. The Complainant enjoys a local presence in Singapore, where the Respondent is allegedly located. The Complainant’s trademark registrations significantly predate the registration of the disputed domain name, which was registered on December 4, 2023. Previous UDRP panels have stated that the NOVARTIS trademark is well-known (see Novartis AG v. Amartya Sinha, Global Webs Link, Novartis RO, WIPO Case No. D2020-3203).<\/p>\n

The Complainant owns numerous domain names composed of either its trademark NOVARTIS alone, including <novartis.com> (created on 2 April 1996) and <novartis.us> (created on 19 April 2002) or in combination with other terms, such as <novartispharma.com> (created on 27 October 1999). 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.<\/p>\n

The Complainant also enjoys a strong presence online via its official social media platforms.<\/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": "

The Complainant submits that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. The Complainant makes a number of legal arguments (referenced below) and also supplies a set of annexes providing evidence of its activities and of the Respondent's use of the disputed domain names. <\/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": [ "Udo Pfleghar B.A. (Melb.)" ], "date_of_panel_decision": "2024-03-13 00:00:00", "informal_english_translation": "

The Complainant’s trademark registrations include the following earlier rights:<\/p>\n

EU trademark registration for NOVARTIS (EUIPO), Reg. No.: 013393641, Reg. date: March 17, 2015;<\/p>\n

US trademark registration for NOVARTIS (USPTO), Reg. No.: 2336960, Reg. date: April 4, 2000;<\/p>\n

International Registration for NOVARTIS, Reg. No.: 663765, Reg. date: July 1, 1996.<\/p>", "decision_domains": { "novartis-eu.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }