{
    "case_number": "CAC-UDRP-107043",
    "time_of_filling": "2024-11-08 09:20:02",
    "domain_names": [
        "novartispharmaceutical.online"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Novartis AG "
    ],
    "complainant_representative": "Abion GmbH",
    "respondent": [
        "Novartis Pharmaceuticals (novartispharmaceutical)"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\"><span>The Complainant belongs to the Novartis Group, 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. The Complainant, Novartis AG, was created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, and it is the holding company of the Novartis Group.<\/span><br \/><br \/><span>The Complainant has an active presence in Nigeria where the Respondent is located, via associated companies.<\/span><br \/><br \/><span>The Complainant owns numerous domain names including &lt;novartis.com&gt; and &lt;novartis.net&gt; and has an active online presence.<\/span><br \/><br \/><span>The disputed domain name &lt;<\/span><span style=\"font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;\">novartispharmaceutical.online<\/span><span style=\"font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;\">&gt; was registered on <span>October 8, 2024<\/span> and has not been used in connection with an active website so far.<\/span><\/p>",
    "other_legal_proceedings": "<p>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": "<p style=\"text-align: justify;\"><span>COMPLAINANT:<\/span><br \/><br \/><span>The Complainant contends that the disputed domain name is confusingly similar to the Trademark.<\/span><br \/><br \/><span>Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not commonly known by the disputed domain name, that it is not affiliated with nor authorized by the Complainant in any way, that the Complainant does not carry out any activity for, nor has any business with the Respondent, and that neither license nor authorization has been granted to the Respondent to make any use of the Trademark or apply for registration of the disputed domain name by the Complainant.<\/span><br \/><br \/><span>Finally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent must have been aware of the Complainant and its Trademark at the time of registration of the disputed domain name as the Trademark is well-known and that the Respondent's non&nbsp;use of the disputed domain name is evidence of bad faith.<\/span><\/p>\n<p><span><\/span><\/p>\n<p><span>RESPONDENT:<\/span><\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Stefanie Efstathiou LL.M. mult."
    ],
    "date_of_panel_decision": "2024-12-13 00:00:00",
    "informal_english_translation": "<div class=\"legacy-textarea\" style=\"text-align: justify;\">The Complainant owns several trademark registrations across various jurisdictions, including Nigeria, where the Respondent is based, inter alia the Nigerian Trademark \"NOVARTIS\", No. 69385, registered August 2, 1996, and the international Trademark \"NOVARTIS\", No. 663765, registered July 1, 1996 (hereinafter cumulatively referred to as the \"Trademark\").<\/div>",
    "decision_domains": {
        "novartispharmaceutical.online": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}