{ "case_number": "CAC-UDRP-106274", "time_of_filling": "2024-02-22 09:45:15", "domain_names": [ "uknovartis.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Novartis AG " ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Michelle Glendining " ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span>

The Complainant declares to be one of the biggest pharmaceutical and healthcare groups worldwide. According to the Complainant, Novartis AG products are sold in about 155 countries and reached nearly 800 million people globally in 2018.<\/span>

The Complainant has duly proved to be the owner of the registered well-known trademark \"NOVARTIS\" in several classes and in numerous countries all over the world and that these trademark registrations long predate the registration of the disputed domain names which was created only on December 4, 2023.<\/span>

In the Complainant's view, due to extensive use, advertising and revenue associated with its trademarks worldwide, the Complainant enjoys a high degree of renown around the world, including UK. The Complainant has previously successfully challenged several domain names including the word \"NOVARTIS\" through UDRP processes.<\/span>

The Complainant outlines that in the WIPO Case No. D2020-3203 Novartis AG v. Amartya Sinha, Global Webs Link, Novartis RO, the Panel confirmed that \"NOVARTIS\" is a well-known trademark.<\/span>

The Complainant has registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term \"NOVARTIS\", for example, <novartis.com> (created on April 2, 1996), <novartis.in> (created on February 15, 2005) and Novartis.us (created on April 19, 2002). The Complainant uses these domain names to connect to a website through which it informs potential customers about its \"NOVARTIS\" mark and its products and services.<\/span>

According to the Complainant, the domain name in dispute is similar to its \"NOVARTIS\" trademark since the disputed domain name resolves in the \"NOVARTIS\" mark along with the geographic\/country identifier “UK”.<\/span>

The Complainant has never granted the Respondent with any rights to use the \"NOVARTIS\" trademark. <\/span>

Furthermore, the Complainant outlines that the domain name <uknovartis.com><\/span>, via the e-mail function, has been used to conduct email phishing scheme. Namely, the Respondent created an e-mail address associated with the Disputed Domain Name “[<\/span>...]@uknovartis.com<\/span>”) only 3 days after registration of the domain name to distribute a fraudulent phishing email to a third-party, by impersonating the Novartis Group. The fraudster pretended that the Novartis group was interested in buying the third-party companies’ products.<\/span><\/p>\n

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The Complainant filed a takedown action before the Registrar on February 14, 2024, at that time, the disputed domain name was not resolving to any active page;<\/p>\n

In the Complainant's view, by using the domain name <uknovartis.com> the Respondent has clearly and intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's mark and business.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\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": "

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": [ "David-Irving Tayer" ], "date_of_panel_decision": "2024-03-27 00:00:00", "informal_english_translation": "

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

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- United States (USPTO) Trademark registration for NOVARTIS Reg. No.: 2336960 First Reg. date: April 4, 2000;<\/p>\n

- United States (USPTO) Trademark registration for NOVARTIS Reg. No.: 4986124 Reg. date: June 28, 2016;<\/p>\n

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- International Registration for NOVARTIS, designating the United States and the United Kingdom Reg. No.: 1544148 Reg. date: June 29, 2020;<\/p>\n

- United Kingdom Trademark registration for NOVARTIS Reg. No.: UK00801349878 Reg date: November 17, 2017.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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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<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "decision_domains": { "uknovartis.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }