{
    "case_number": "CAC-UDRP-108090",
    "time_of_filling": "2025-10-29 13:55:48",
    "domain_names": [
        "novartis-webinar.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novartis AG"
    ],
    "complainant_representative": null,
    "respondent": [
        "Blue M Tech co,. ltd."
    ],
    "respondent_representative": null,
    "factual_background": "<p><span lang=\"EN-US\" style=\"font-family: 'Calibri',sans-serif;\">The Novartis Group is one of the world&rsquo;s largest pharmaceutical and healthcare groups, providing solutions that address the evolving needs of patients worldwide by developing and delivering innovative medical treatments and drugs. <strong><span style=\"font-family: 'Calibri',sans-serif; font-weight: normal;\">Novartis AG (the &ldquo;Complainant&rdquo;), formed in 1996 through the merger of Ciba-Geigy and Sandoz, serves as the holding company of the Novartis Group.<\/span><\/strong> The Complainant&rsquo;s products are manufactured and sold across numerous regions worldwide. In 2024, Novartis achieved net sales of USD 50.3 billion, generated total net income of USD 11.9 billion, and employed approximately 76,000 full-time equivalent employees as of December 31, 2024.<o:p><\/o:p><\/span><\/p>\n<p><strong><span lang=\"EN-US\" style=\"font-family: 'Calibri',sans-serif; font-weight: normal;\">The disputed domain name was registered on July 22, 2025, and remains inactive.<\/span><\/strong><span lang=\"EN-US\" style=\"font-family: 'Calibri',sans-serif;\"><o:p><\/o:p><\/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>COMPLAINANT:<\/p>\n<p>(i) The Complainant has rights in the NOVARTIS mark as identified in the section &ldquo;Identification of Rights&rdquo; above. The disputed domain name is confusingly similar to the Complainant&rsquo;s NOVARTIS mark because it incorporates the Complainant&rsquo;s well-known and distinctive trademark NOVARTIS, followed by the term &ldquo;webinar,&rdquo; separated by a hyphen.<\/p>\n<p>(ii) The Respondent has no rights or legitimate interests in the disputed domain name. The Respondent has no prior relationship with the Complainant, and the Complainant has never granted the Respondent any rights to use the NOVARTIS trademark in any manner, including in the disputed domain name. The Respondent is not commonly known by the disputed domain name, and the disputed domain name does not resolve to any active webpage, which does not constitute any legitimate noncommercial or fair use. The Complainant sent a cease-and-desist letter and subsequent reminders, but received no response.&nbsp;<\/p>\n<p>(iii) The Respondent registered and is using the disputed domain name in bad faith. The NOVARTIS trademark is well known globally, including in the Republic of Korea, and given the Complainant&rsquo;s reputation as a major pharmaceutical company, it is evident that the Respondent had knowledge of the Complainant and its NOVARTIS mark at the time of registration. The disputed domain name does not resolve to any active webpage, and such passive holding constitutes bad faith.<\/p>\n<p>RESPONDENT:<\/p>\n<p>Respondent did not submit a response in this proceeding.<\/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><strong>Language of the Proceedings<\/strong><\/p>\n<p>The Panel notes that the Registration Agreement is written in Korean, thereby making Korean the default language of the proceedings. However, the Complainant has requested that the proceeding be conducted in English. Under UDRP Rule 11(a), the Panel has the discretion to determine the appropriate language of the proceeding, taking into account the specific circumstances of the case. See Section 4.5, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition, see also <em>Lovehoney Group Limited v. Yan Zhang<\/em>, CAC 103917 (CAC August 17, 2021) (finding it appropriate to conduct the proceeding in English under Rule 11 despite the Registration Agreement designating Japanese as the required language).<\/p>\n<p>The Complainant presents the following arguments in support of its request:<\/p>\n<p>(i) the disputed domain name is written in Latin characters and incorporates the English term &ldquo;webinar,&rdquo; and the Respondent has registered multiple other domain names also written in Latin characters and incorporating English terms,<br \/>(ii) the Complainant has no knowledge of the Korean language, and requiring translation would impose an undue burden and risk unnecessary delay, and<br \/>(iii) the Complainant&rsquo;s representative is not familiar with the Korean language, meaning that translating the Complaint and subsequent communications into Korean would entail significant additional costs and delay.<\/p>\n<p>Pursuant to UDRP Rule 11(a), the Panel finds the Complainant&rsquo;s arguments persuasive. In the absence of a Response or any objection to the Complainant&rsquo;s request, and after considering all the circumstances of this case, the Panel determines that the proceeding shall be conducted in English.<\/p>\n<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": [
        "Mr. Ho-Hyun Nahm Esq. (Presiding Panelist)"
    ],
    "date_of_panel_decision": "2025-11-27 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the well-known trademark NOVARTIS, registered as both a word mark and a device mark across multiple classes worldwide. The Complainant owns, <em>inter alia<\/em>, the following registrations for the mark NOVARTIS:<\/p>\n<ul>\n<li>USPTO Reg. No. 4986124, registered on June 28, 2016.<\/li>\n<li>International Reg. No. 1544148, registered on June 29, 2020.<\/li>\n<li>EU trademark Reg. No. 000304857, registered on June 25, 1999.<\/li>\n<\/ul>",
    "decision_domains": {
        "novartis-webinar.com": "TRANSFERRED"
    }
}