{
    "case_number": "CAC-UDRP-104862",
    "time_of_filling": "2022-09-20 10:37:18",
    "domain_names": [
        "migrosfunding.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "MIGROS-GENOSSENSCHAFTS-BUND "
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Bitfini  Bitfini"
    ],
    "respondent_representative": null,
    "factual_background": "",
    "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><span>Founded in Zurich in 1925, the Complainant is a Swiss retail company that is owned by its more than 2 million cooperative members. With sales of CHF 28.93 billion in 2021, the Complainant is also one of the forty largest retailers in the world and is the country&rsquo;s largest private employer with more the 97.000 employees. The Complainant operates supermarkets, furniture stores, electronic retail stores, gas stations, travel agencies, convenience stores, and bookstores to cite just a few examples.<\/span><\/p>\n<p><span>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. This includes deposits, online banking, loans, mortgages, cards and payments, savings, investments, and insurance.<\/span><\/p>\n<p>The disputed domain name &lt;migrosfunding.com&gt; was registered on April 30, 2022. The disputed domain name aims to attract consumers to a fake website displaying the MIGROS trademark in connection with investment services in order to deceive members of the public into believing that they can safely deposit money with the Respondent or third parties.<\/p>\n<p><\/p>\n<p>RESPONDENT:<\/p>\n<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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>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": [
        "Steven Levy"
    ],
    "date_of_panel_decision": "2022-10-18 00:00:00",
    "informal_english_translation": "<p><span>The Complainant owns many Trademark Registrations for the mark MIGROS including the following:<\/span><\/p>\n<p><span><\/span><\/p>\n<p><span>- International Trademark no. 315524, registered on June 23, 1966, in international classes 3, 7, 8, 9, <\/span><span>11, 21-31, 34. The trademark designates, inter alia, Serbia and Viet Nam;<\/span><\/p>\n<p><span>- International Trademark no. 397821 MIGROS (word mark), registered on March 14, 1973, in <\/span><span>international classes 1-9, 11-12, 14-32 and 34. The trademark designates, inter alia, China and <\/span><span>Morocco;<\/span><\/p>\n<p><span>- European Union Trademark no. 000744912 MIGROS (word mark), registered on July 26, 2000, in <\/span><span>international classes 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 14 - 32, 34, and 35-42;<\/span><\/p>\n<p><span>- European Union Trademark no. 003466265 MIGROS (word mark), registered on May 13, 2005, in <\/span><span>international class 35;<\/span><\/p>\n<p><span>- International Trademark no. 404446 , registered on December 28, 1973, in international classes 1-9, <\/span><span>11-12, 14-32 and 34. The trademark designates, inter alia, North Macedonia and Monaco;<\/span><\/p>\n<p><span>- International Trademark no. 1469883 , registered on December 28, 1973, in international classes 1-<\/span><span>12, 14-32 and 34-45. The trademark designates, inter alia, France and Italy; and<\/span><\/p>\n<p><span>- United States of America Trademark no. 6026436 MIGROS (word mark), registered on April 7, 2020, <\/span>in international class 35.<\/p>",
    "decision_domains": {
        "migrosfunding.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}