{
    "case_number": "CAC-UDRP-104645",
    "time_of_filling": "2022-07-01 09:51:28",
    "domain_names": [
        "migrosbank-ag.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "MIGROS-GENOSSENSCHAFTS-BUND"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Gray  Hunt"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant (MIGROS-GENOSSENSCHAFTS-BUND, a Swiss retail company founded in 1925 by Mr. Gottlieb Duttweiler) claims to be Switserland’s largest retailer and largest employer active in many commercial areas, with more than 97.000 employees and sales of CHF 28.93 billion in 2021 (in various markets including supermarkets, furniture stores, electronic retail stores, etc).\r\n\r\nMigros Bank AG is one of the most relevant ventures of the Complainant. The Complainant asserts that Migros Bank AG is one of the largest and most established banks in Switzerland; the Complainant further asserts that Migros Bank AG is a wholly owned subsidiary, consisting of the parent company's financial services division and offering deposits, online banking, loans, mortgages, cards and payments, savings, investments, and insurance to both individuals and business customers.\r\nThe Complainant further claims to own the trademarks “MIGROS” and “MIGROS BANK” (i.e., the “Trademarks” as mentioned above). The Complainant submitted evidence that it is the registered owner of the Trademarks mentioned above under \"Identification of rights\".\r\n\r\nThe Complainant declares that its domain name <migrosbank.ch> (registered on March 20, 1996) hosts a website that displays information about its activities.\r\n\r\nThe disputed domain name was registered on May 1, 2022.",
    "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.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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).",
    "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).",
    "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).",
    "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.",
    "decision": "Accepted",
    "panelists": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2022-07-29 00:00:00",
    "informal_english_translation": "The Complainant submitted evidence that it is the owner of the following trademarks “MIGROS” and “MIGROS BANK” (hereafter the “Trademarks”):\r\n\r\n- Swiss Trademark (figurative trademark with word elements) “M MIGROS “no. 3P-268357, registered on December 28, 1973, in international classes 1-9, 11-12, and 14-34;\r\n- International Trademark (figurative mark with word elements) “MIGROS” no. 315524, registered on June 23, 1966, in international classes 3, 7, 8, 9, 11, 21-31, 34;\r\n- European Union Trademark (word trademark) “MIGROS” no. 000744912, registered on July 26, 2000, in international classes 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 14 - 32, 34, and 35-42;\r\n- United States of America Trademark (word trademark) “MIGROS” no. 6026436, registered on April 7, 2020, in international class 35;\r\n- Swiss Trademark no. 623618 (figurative mark with word elements) “MIGROSBANK”, registered on December 12, 2011, in international classes 35 and 36;\r\n- Swiss Trademark no. 764760 (figurative mark with word elements) “MIGROS BANK”, registered on June 2, 2021, in international classes 9, 35 and 36;\r\n- International Trademark (word trademark) no. 1603319 “BANCA BANQUE MIGROS BANK”, registered on June 1, 2021, in international classes 35 and 36. The trademark designates, inter alia, France and Italy; and\r\n- International Trademark (figurative mark with word elements) no. 1239151 “MiGROS”, registered on December 31, 2014, in international classes 9, 16, 29, 30 and 35.",
    "decision_domains": {
        "MIGROSBANK-AG.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}