Madras High Court. (Photo: DC/File)
Chennai: The Asian Domain Name Dispute Resolution Centre, Kuala Lumpur, (ADNDR-KL) transferred a domain name which was registered and used by an Indonesian company illegally, to Switzerland-based multinational pharmaceutical major, Novartis. International arbitrator for ADNDR-KL, D. Saravanan, a senior Madras high court advocate, passed the order.
In the petition, Novartis submitted that the company had registered the trademark Novartis in various countries. It had registered the trademark in Indonesia for products in various sectors including pharmaceutical, veterinary, chemicals, industry, science, photography, agriculture, horticulture, forestry, preserve food, resin, non-alcoholic beverages and fruit juice, beer, soft drinks and mineral water.
The firm had also registered the domain name novartis-venturefund.com. However, due to various reasons, the name was not renewed last year. Meanwhile, the name was acquired by Eko Prayetno, Malang, East Java, Indonesia, through GoDaddy.com. Eko Prayetno does not have any trademark registration or application for novartis-venturefund.com or any similar trademark in Indonesia.
The domain name novartis-venturefund.com registered by Eko Prayetno was identical/confusingly similar to that of Novartis and registered in bad faith as stipulated under section 4(a)(iii) of the Uniform Domain Name Dispute Resolution Policy. Hence, the company has no rights and legitimate interests with the domain name, Novartis said.
Novartis stated that it could be assumed that the acquirement of the domain name by Eko Prayetno was for the purpose of selling, renting or transferring to Novartis or to a competitor, for valuable consideration.
Even after ADNDR-KL, Saravanan had issued a notice to Eko Prayetno, it had not responded within the stipulated time. Eko Prayetno had registered the disputed domain name on December 10, 2012.
On considering the documents, panelist Saravanan said the disputed domain novartis-venturefund.com was identical to the registered trademark of Novartis. Novartis had proved by documentary evidences that it was the registered owner of trademark Novartis and the registered domain name novartis-venturefund.com during the period between September 21, 2007 and September 21, 2012. Saravanan said the panel finds that the disputed domain name is identical or confusingly similar to the trademark of Novartis. It had established a prima facie case against Eko Prayetno. Saravanan said, "The panel is satisfied that Novartis has proved the case beyond doubt. Hence, the panel orders that the disputed domain name novartis-venturefund.com be transferred to Novartis."