{ "case_number": "CAC-UDRP-106994", "time_of_filling": "2024-10-25 09:47:19", "domain_names": [ "novartisusdt.com", "novartissvip.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "Abion GmbH", "respondent": [ "Sophie" ], "respondent_representative": null, "factual_background": "

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

The Complainant, created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, is the holding company of the Novartis Group. In 2023, Novartis achieved net sales of USD 45.4 billion, and total net income amounted to USD 14.9 billion and employed approximately 76 000 full-time equivalent employees as of December 31, 2023.<\/span>

The Complainant informs that its <\/span>products are manufactured and sold in many countries worldwide, including in the United States, where it has an active presence through its subsidiaries and associated companies and where it has been playing an active role on the local markets and societies.<\/p>\n

The Complainant is the owner of the registered well-known trademark NOVARTIS in numerous jurisdictions all over the world. The Complainant trademark registrations predate the registration of the disputed domain names <novartissvip.com>, which was registered on October 3, 2024, and <novartisusdt.com>, which was registered on September 29, 2024.<\/p>\n

According to the Complainant, the domain names in dispute are similar to its NOVARTIS trademark since both incorporate the well-known distinctive trademark NOVARTIS in its entirety combined with generic terms.<\/span>

The Complainant has not found that the Respondent is known by the disputed domain names terms. Indeed, when searching for “novartissvip”, “novartiss vip”, “novartisusdt” and “novartis usdt” in the Google search engine, all top returned results point to the Complainant, except for the results related to the disputed domain names themselves. When entering the disputed domain names terms along with the name of the Respondent “Sophie” there are no returned results showing that the Respondent is known by the disputed domain names. The Complainant argues that the Complainant trademarks predate the registration of both domain names in dispute and that the Respondent has never been authorized by the Complainant to register the domain names.<\/span><\/p>\n

The Complainant has also shown that, at the time the Complainant found out about the disputed domain names, they resolved to identical websites showing the NOVARTIS trademarks in prominent positions, along with texts, videos and other materials clearly related to the Complainant. The above websites were allegedly posing as financial investment platforms operated by Novartis, where internet users can register for an account and deposit funds. It suggests a potential intent to deceive or confuse internet users, by falsely associating the websites at the disputed domain names with the Complainant, in order to lure unsuspecting internet users into a potential fraud.<\/p>\n

In order to stop such abuse, the Complainant respectively sent takedown requests to the Registrar and Hosting Provider of the disputed domain names and, at the time of filing of the complaint, the disputed domain names resolved to inactive pages<\/p>\n

In the Complainant's view, the structure of the disputed domain names in and of itself reflects the Respondent’s intention to create an association, and a subsequent likelihood of confusion, with the Complainant's NOVARTIS trademark and the Novartis group in Internet users’ mind, as by reading the disputed domain names, Internet users may believe that they are directly connected to or authorized by the Complainant. <\/span><\/p>\n

Therefore, according to the Complainant, it is obvious that the Respondent registered and used the disputed domain names to attract Internet users to the websites to which they resolved, by the means of creating a likelihood of confusion with the Complainant and its trademarks, for commercial gain.<\/span><\/p>\n

The Complainant informs that different attempts to contact the Respondent were made through cease and desist letters sent to the Registrar of the disputed domain names and that it has never received any response. The Complainant insists that, at present time, there is no active website associated with the domain names in dispute which constitutes passive holding of the disputed domain names. Finally, Complainant notes that the Respondent has been using privacy shield to conceal its identity.<\/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 names.<\/p>", "no_response_filed": "

The Complainant´s contentions are summarized above.<\/p>\n

No administratively compliant Response has been filed.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Guido Maffei" ], "date_of_panel_decision": "2024-12-03 00:00:00", "informal_english_translation": "

The Complainant is the owner of several trademarks for NOVARTIS. In particular, Novartis AG owns:<\/div>\n
<\/div>\n
- International registration No. 663765 registered on July 1, 1996 and duly renewed for goods and services in classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42;<\/div>\n
<\/div>\n
- International registration No. 1544148 registered on June 29, 2020 for goods and services in classes 9, 35, 38 and 42;<\/div>\n

- US trademark No. 2336960 registered on April 4, 2000 and duly renewed for goods and services in classes 1, 5, 9, 10, 29, 30, 31, 32 and 42;

- US trademark No. 4986124 registered on June 28, 2016 for goods and services in classes 5, 9, 10, 41, 42 and 44;<\/div>\n
<\/div>\n
- US trademark No. 6990442 registered on February 28, 2023 for goods in class 25;<\/div>\n
<\/div>\n
- EU trademark No. 304857 registered on June 25, 1999 and duly renewed for goods and services in classes 1, 5, 9, 10, 29, 30, 31 and 32<\/div>", "decision_domains": { "novartisusdt.com": "TRANSFERRED", "novartissvip.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }