{ "case_number": "CAC-UDRP-107223", "time_of_filling": "2025-01-08 09:12:03", "domain_names": [ "novartisvn.cyou" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Novartis AG" ], "complainant_representative": "Abion GmbH", "respondent": [ "JUNHUA CHI" ], "respondent_representative": null, "factual_background": "

The Complainant 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. The Complainant, with headquarters in Switzerland, was created in 1996 through a merger of two other companies Ciba-Geigy and Sandoz, and is the holding company of the Novartis Group. The Complainant had net sales of USD 45.4 billion in 2023 and employs approximately 76,000 people worldwide. The Complainant’s products are manufactured and sold in many countries worldwide, including in Vietnam and in China, where it has an active presence through associated companies and where it has been playing an active role in the local markets and societies.<\/p>\n

The disputed domain name was registered on 6 December 2024. It resolves to an inactive page and has MX records configured.<\/span><\/p>\n

The Complainant sent a cease and desist letter to the Respondent on 9 December 2024, followed by reminders on 18 December 2024 and 23 December 2024, but received no response.<\/span><\/p>\n

The Registrar confirmed that the Respondent is the current registrant of the disputed domain name and that the language of the registration agreement is English.<\/span><\/p>\n

The Respondent has not filed a Response.<\/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": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n

The Complainant contends that:<\/span><\/p>\n

    \n
  1. \n

    The disputed domain name is confusingly similar to the Complainant’s well-known trademark NOVARTIS. It contains the Complainant’s trademark in its entirety with the mere addition of \"vn\" (the country code for Vietnam where the Complainant operates) and the gTLD \".cyou\".<\/p>\n<\/li>\n

  2. \n

    The Respondent has no rights or legitimate interests in the disputed domain name, it is not licensed to use the NOVARTIS mark, it is not affiliated with the Complainant, it is not known by the disputed domain name, and it has only passively held the disputed domain name. In addition, the Respondent failed to respond to the cease-and-desist letter from the Complainant in which it could present arguments explaining its rights and legitimate interest in the disputed domain name.<\/p>\n<\/li>\n

  3. \n

    The disputed domain name was registered and is being used in bad faith given the well-known nature of the NOVARTIS trademark, the passive holding, the failure to respond to the Complainant’s cease-and-desist letter, the concealing of the Respondent’s identity regarding ownership of the disputed domain name, and the configuration of MX records suggesting potential fraudulent use of the disputed domain name for e-mail communication.<\/p>\n<\/li>\n<\/ol>", "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": [ "Vojtěch Chloupek" ], "date_of_panel_decision": "2025-02-07 00:00:00", "informal_english_translation": "

    The Complainant submitted evidence that it is the registered owner of the following:<\/span><\/p>\n

      \n
    1. Chinese trademark No. 15569053 for NOVARTIS, registered since 14 December 2015 for the international class 9; <\/span><\/li>\n
    2. Chinese trademark No. 42520143 for NOVARTIS, registered since 7 September 2020 for the international class 35;<\/span><\/li>\n
    3. international trademark registration No. 1349878 for NOVARTIS registered since 29 November 2016 for the international classes 9, 10, 41, 42, 44 and 45, designating numerous countries including Vietnam and China; <\/span><\/li>\n
    4. international trademark registration No. 663765 for NOVARTIS, registered since 1 July 1996 for the international classes 1, 2, 3, 4, 5, 7, 8, 9, 10, 14, 16, 17, 20, 22, 28, 29, 30, 31, 32, 40 and 42, designating numerous countries including Vietnam;<\/span><\/li>\n
    5. US trademark No. 4986124 for NOVARTIS, registered since 28 June 2016 for the international classes 5, 9, 10, 41, 42 and 44; <\/span><\/li>\n
    6. US trademark No. 6990442 for NOVARTIS (logo), registered since 28 February 2023 for the international class 5; and<\/span><\/li>\n
    7. EU trademark No. 304857 for NOVARTIS, registered since 25 June 1999 for the international classes 1, 5, 9, 10, 29, 30, 31 and 32.<\/span><\/li>\n<\/ol>\n

      The Complainant claims that its trademark NOVARTIS is well-known and supports such a claim by referring to decisions of previous UDRP panels, particularly the WIPO Case No. D2020-3203.<\/span><\/p>\n

      The Complainant also provided information, supported by evidence, that it is the registered holder of numerous domain names composed of either its trademark NOVARTIS alone, including <novartis.com> (created on 2 April 1996), <novartis.us> (created on 19 April 2002), <novartis.vn> (created on 8 January 2010), or in combination with other terms, e.g. <novartispharma.com> (created on 27 October 1999). The Complainant uses these domain names to resolve to its official websites through which it informs Internet users and potential consumers about its NOVARTIS mark and its related products and services. In addition, the Complainant alleges to enjoy a strong presence online via its official social media platforms.<\/span><\/p>", "decision_domains": { "novartisvn.cyou": "TRANSFERRED" }, "panelist": null, "panellists_text": null }