Novartis AG v Zhao Ke (Full Decision _Transfer) [2017] DRS 18787 (15 June 2017)

Novartis AG v Zhao Ke (Full Decision _Transfer) [2017] DRS 18787 (15 June 2017)

The Panel found that the domain name is identical or confusingly similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith. Accordingly, the complaint succeeded.

Citation
[2017] DRS 18787
Parties
Complainant: Novartis AG; Respondent: Zhao Ke
Jurisdiction
United Kingdom
Judgment Date
15 June 2017
Procedural Posture
Domain Name Dispute / Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trademark Infringement
Intellectual Property Law Information Technology Law Domain Name Disputes Trademark Infringement

Case Brief

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Parties

Novartis AG

Complainant

Zhao Ke

Respondent

Procedural Posture

Domain Name Dispute / Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a name or mark in which the Complainant has rights
  2. 2 Whether the Respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The Panel found that the domain name is identical or confusingly similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith. Accordingly, the complaint succeeded.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant