{
    "case_number": "CAC-UDRP-104753",
    "time_of_filling": "2022-07-27 15:04:23",
    "domain_names": [
        " migros-bnq.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "MIGROS-GENOSSENSCHAFTS-BUND "
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Louis"
    ],
    "respondent_representative": null,
    "factual_background": "MIGROS-GENOSSENSCHAFTS-BUND is a Swiss retail company founded in 1925 by Mr. Gottlieb Duttweiler. Today, the Complainant is owned by its more than 2 million cooperative members, organized into ten regional cooperatives, has a world-wide reputation. With sales of CHF 28.93 billion in 2021, the Complainant not only is the Switzerland’s largest retailer, but also the country’s largest private employer, with more than 97.000 employees. The Complainant is currently one of the forty largest retailers in the world and it is active in manufacturing and wholesaling through more than 30 companies (about 25 Swiss-based and around 10 abroad) in many commercial areas. For instance, Complainant operates supermarkets (MIGROS), furniture stores (MICASA), electronic retail stores (M-ELECTRONICS), gas stations (MIGROL), travel agencies (HOTELPLAN), convenience stores (MIGROLINOS), or bookstores (EX LIBRIS), just to cite a few examples.\r\n\r\nComplainant states that one of the most relevant ventures of the Complainant is Migros Bank AG, which is a wholly owned subsidiary and consists of the parent company's financial services division. With a total of 67 branches and headquartered in Zurich, Migros Bank AG is one of the largest and most established banks in Switzerland, providing a full range of commercial banking services to both individuals and business customers. For instance, the Bank offers deposits, online banking, loans, mortgages, cards and payments, savings, investments, and insurance.",
    "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.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nComplainant states that it established its online presence under with the domain name <migrosbank.ch> (registered on March 20, 1996), which hosts a website that displays information about the Complainant and its activities. The disputed domain name <migros-bnq.com> is identical or confusingly similar to it trademark and equally important is virtually identical to Complainant's domain name adding only the three letters \"bnq\" which letters represent the word \"bank.\" The registration of the disputed domain name is obviously intended as an invitation to visit the website and be deceived into taking action to its detriment.\r\n\r\nThe Panel attempted to access the disputed domain name and at the present time it does not resolve to an active website, but Complainant attached a copy of the website to which the domain name resolves in its complaint.\r\n\r\nComplainant states that Respondent is unknown to it, has not granted permission to it to acquire the disputed domain name, and that there is no conceivable use of it without violating Complainant's rights.\r\n\r\nRESPONDENT:\r\nThe Respondent did not respond to the Complainant's contentions and did not submit any arguments or evidence in its defense. In such event, UDRP Rule 14 provides (a) that the \"Panel shall proceed to a decision on the complaint\" and (b) that \"the Panel shall draw such inferences therefrom as it considers appropriate.\" In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at Para. 4.3.",
    "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": [
        "Gerald M. Levine, Ph.D, Esq."
    ],
    "date_of_panel_decision": "2022-08-26 00:00:00",
    "informal_english_translation": "The Complainant is the owner of, inter alia, a number of trademarks consisting of MIGROS and MIGROS BANK, including the following:\r\n\r\n- International Trademark no. 315524, registered on June 23, 1966, in international classes 3, 7, 8, 9, 11, 21-31, 34. The trademark designates, inter alia, Serbia and Viet Nam;\r\n- International Trademark no. 397821 MIGROS (work mark), registered on March 14, 1973, in international classes 1-9, 11-12, 14-32 and 34. The trademark designates, inter alia, China and Morocco;\r\n- Swiss Trademark no. 623618, registered on December 12, 2011, in international classes 35 and 36;\r\n- Swiss Trademark no. 623622 BANCA BANQUE MIGROS BANK (word mark), registered on December 12, 20211, in international classes 35 and 36;\r\n- International Trademark no. 631422 BANQUE MIGROS (word mark), registered on January 12, 1995, in international class 36;\r\n- European Union Trademark no. 000744912 MIGROS (word mark), 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- European Union Trademark no. 003466265 MIGROS (word mark), registered on May 13, 2005, in international class 35;\r\n- International Trademark no. 404446, registered on December 28, 1973, in international classes 1-9, 11-12, 14-32 and 34. The trademark designates, inter alia, North Macedonia and Monaco;\r\n- United States of America Trademark no. 6026436 MIGROS (word mark), registered on April 7, 2020, in international class 35; and\r\n- Swiss Trademark no. 764760, registered on June 2, 2021, in international classes 9, 35 and 36.",
    "decision_domains": {
        "MIGROS-BNQ.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}