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 (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.<\/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": "
COMPLAINANT:<\/p>\n
The Complainant alleges that the domain name <novatis.com> (hereinafter referred to as “Disputed Domain Name“) incorporates in its second level-portion a misspelled version of the Complainant's well-known trademark NOVARTIS to by omitting the letter \"r “. The Disputed Domain Name which resolves to an active website impersonating the Complainant postdates the NOVARTIS trademark. The Complainant contends that the registration and use of the Disputed Domain Name violates its rights and the terms of the Uniform Domain Name Dispute Resolution Policy.<\/p>\n
The Complainant further contends that the typographical omission is purposeful, namely, to capitalize on Internet users' possible typing or reading errors when looking for information, or to communicate with, the Complainant online. The Complainant further alleges that it did not give the Respondent permission to register the Disputed Domain Name and it was not authorized to do so. The cumulative evidence supports the conclusion that the Respondent had actual knowledge of the Complainant. This is underscored by the use of the Disputed Domain Name in that it resolves to an active website containing hyperlinks to websites suggestive of healthcare and pharmaceutical products for which the Complainant has a world-wide reputation.<\/p>\n
Finally, the Complainant alleges that the Respondent deliberately chose to use the well-known trademark NOVARTIS to benefit from the Complainant’s worldwide renown trademark and confuse Internet users as to the source of the Disputed Domain Name and the associated website. Such use of the Disputed Domain Name, of capitalizing on the Complainant’s trademark, cannot therefore be considered as a bona fide offering of goods or services nor as legitimate noncommercial or fair use of the Disputed Domain Name.<\/p>\n
RESPONDENT:<\/p>\n
The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complainant.<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2024-05-06 00:00:00", "informal_english_translation": "
The Complainant owns numerous trademarks NOVARTIS registered in numerous jurisdictions (hereafter “the NOVARTIS trademark”), which were registered many years before the registration of the disputed domain name, such as but not limited to:
- The Swiss trademark NOVARTIS No. 2P-427370, 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 and 42;
- The International trademark NOVARTIS 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 and 42;
- The International trademark NOVARTIS No. 1349878, registered on November 29, 2016, in classes 9, 10, 41, 42, 44 and 45;
- The United States trademark NOVARTIS No. 2336960, registered on April 4, 2000, in classes 1, 5, 9, 10, 29, 30, 31, 32; and 42.<\/p>",
"decision_domains": {
" novatis.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}