The Complainant is a global pharmaceutical and healthcare group with headquarters in Switzerland. In 2023, it achieved net sales of USD 45.4 billion and employed about 76 000 full-time equivalent employees.<\/p>\n
The Complainant is the owner of the domain name <novartis.com>, registered on 2 April 1996, which resolves to its official website.<\/p>\n
The disputed domain name was registered on 22 April 2024. It is currently inactive.<\/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 states that the disputed domain name is confusingly similar to its NOVARTIS trademark, because it incorporates a misspelled version of the trademark, replacing the letter “a” by the letter “o”. According to the Complainant, its trademark was misspelled to capitalize on Internet users’ possible typing or reading errors when they are looking for information about the Complainant or trying to communicate with it online. <\/p>\n
The Complainant maintains that the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has not been authorized by the Complainant to use the NOVARTIS trademark, is not affiliated to it, and is not commonly known by the disputed domain name. The Complainant notes that the disputed domain name is not being used in connection with a bona fide offering of goods or services, and the Respondent is not carrying out any legitimate or fair use of the disputed domain name, as the same resolves to a blank webpage. <\/p>\n
The Complainant notes that on 21 August 2024 it sent a cease-and-desist letter to the Respondent and reminders on 3 September 2024, and 9 September 2024, to which the Respondent did not reply.<\/p>\n
The Complainant contends that the disputed domain name was registered and is being used in bad faith. It notes that the Respondent registered it many years after the Complainant registered its NOVARTIS trademark, the Respondent must have been aware of the existence of the Complainant’s trademark when it registered the disputed domain name. According to the Complainant, by deliberately registering and using the disputed domain name incorporating a misspelled form of the Complainant’s NOVARTIS trademark, the Respondent has engaged in typosquatting with the intention to create confusion in Internet users’ minds. <\/p>\n
The Complainant maintains that the non-use of the disputed domain name does not prevent a finding of bad faith, since it represents a misspelled version of the Complainant’s NOVARTIS trademark, the Respondent is not making any good-faith use of it and did not respond to the Complainant’s cease-and-desist letter, and there is no plausible good faith use to which the disputed domain name may be put.<\/p>\n
<\/p>\n
RESPONDENT:<\/p>\n
The Respondent did not submit a Response in this proceeding.<\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2024-11-25 00:00:00", "informal_english_translation": "
The Complainant is the owner of the International trademark NOVARTIS with registration No. 663765, registered on 1 July 1996 for goods and services in International Classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42 (the “NOVARTIS trademark”).<\/p>", "decision_domains": { "novortis.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }