{ "case_number": "CAC-UDRP-106488", "time_of_filling": "2024-05-03 16:36:06", "domain_names": [ "novartislimited.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Timothy Neaves" ], "respondent_representative": null, "factual_background": "

I. Complainant<\/strong><\/span>

The Complainant is one of the biggest global pharmaceutical and healthcare groups. Novartis AG (the “Complainant”), created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group.<\/span><\/p>\n

According to the Complainant's submissions, the NOVARTIS trademark has a strong presence in South Africa through its local subsidiary. <\/span>
<\/span><\/p>\n

Moreover, 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). <\/span> <\/span><\/p>\n

The Complainant is also very active via its official social media platforms.<\/span><\/p>\n


II. The disputed domain name and the Respondent<\/strong><\/span>

<Novartislimited.com> was registered on March 4, 2024  and currently links to an inactive website. According to the information provided by the Registrar, the Respondent is Timothy Neaves domiciled in South Africa.<\/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": "

COMPLAINANT<\/strong><\/span>

The Complainant supports that the disputed domain name is confusingly similar to its trademarks as it entirely incorporates the NOVARTIS trademark, in combination with the term “LIMITED”, which could be easily associated to a company form. The addition of the gTLD “.com” does not add any distinctiveness to the disputed domain name.<\/span>

The Complainant denies that the Respondent has rights or legitimate interests in respect of the disputed domain name and Novartis AG has never had any business relationship with the Respondent. Moreover, the Complainant excludes that the Respondent is known with the disputed domain name.<\/span>

The Complainant supports that the disputed domain name is registered and used in bad faith, given the high reputation of the NOVARTIS trademark and the fact that <novartislimited.com> is not actively used.<\/span>

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to NOVARTIS.<\/p>\n

RESPONDENT<\/strong><\/span><\/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": [ "Andrea Mascetti" ], "date_of_panel_decision": "2024-06-16 00:00:00", "informal_english_translation": "

The Complainant proved to own the following trademark registrations which predate the registration of the disputed domain name: <\/span> <\/span><\/p>\n