{ "case_number": "CAC-UDRP-105122", "time_of_filling": "2023-01-11 09:02:19", "domain_names": [ "migrosshopping.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Migros-Genossenschafts-Bund " ], "complainant_representative": "SILKA AB", "respondent": [ "Hakan Şenkal " ], "respondent_representative": null, "factual_background": "

The Complainant is a Swiss cooperative society of commonly known as a supermarket chain serving as the umbrella organization of ten regional Migros Cooperatives, and a large part of the Swiss population is members of the Migros cooperative. The Complainant offers a wide range of food, non-food products and services relating to wellness, travel and catering. These include travel agencies, cultural institutions, museum and magazines, restaurants, aqua\/fitness and golf parks, pension funds and foundations, and a bank.<\/span> The Complainant is present in 75 countries including Turkey.<\/p>\n

The Complainant holds several trademark registrations for “MIGROS” dating back to 1966 in various countries including Turkey and various domain names incorporating “MIGROS” trademark such as <migros.com>.<\/p>\n

On November 10, 2022; the Respondent registered the disputed domain name <migrosshopping.com>. The disputed domain name is currently inactive.<\/p>", "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.<\/p>", "no_response_filed": "

<\/p>\n

COMPLAINANT:<\/p>\n

    \n
  1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR<\/li>\n<\/ol>\n

    The Complainant contends that the disputed domain name <migrosshopping.com> is confusingly similar to its well-known and distinctive trademark MIGROS. The Complainant claims that its trademark <\/span>“MIGROS” is clearly recognizable within the disputed domain name <migrosshopping.com> and t<\/span>he addition of the descriptive term “shopping” does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademarks.<\/p>\n

      \n
    1. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/li>\n<\/ol>\n

      The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

      The Complainant claims that the disputed domain name was registered by the Respondent in its name in an attempt to induce customers of the Complainant to believe that the disputed domain name is of the Complainant and\/or associated in some manner with the Complainant. It is stated that in the webpage at the disputed domain name a contact WhatsApp number with Turkey’s country code is displayed and it intends to lure European consumers in search of its well known “MIGROS” brand to make purchases for food and olive oil through such website. The Complainant asserts that the Respondent is deliberately trying to portray a (false) association between the disputed domain name and the Complainant.<\/p>\n

      The Complainant submits that the Respondent is neither a licensee nor authorized agent of the Complainant nor in any other manner authorized to sell Complainant’s products or use its trademark(s). It is claimed that the Respondent knew of the Complainant’s mark and its business activities as the mark has been in use by the Complainant over the last five decades and already well known globally. The Complainant also claims that the Respondent's registration and use of the disputed domain name is a clear case of cyber-squatting, the Respondent’s intention is to take advantage of the Complainant's reputation in order to confuse the public by offering alternative products, divert business, tarnish the reputation of the Complainant and its marks and gain unfair advantage.<\/p>\n

      Also, the Complainant believes that the disputed domain name is being or intended to be used for phishing or other fraudulent purposes through the use of email IDs ending with ‘@migrosshopping.com’, which may lead customers to infer that the disputed domain name has an association with the Complainant and lead to confusion.<\/span><\/p>\n

      Therefore, the Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n

        \n
      1. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH<\/li>\n<\/ol>\n

        The Complainant claims that the disputed domain name is confusingly similar to the Complainant's well-known “MIGROS” trademark. The Complainant referred to numerous UDRP panels recognizing the well-known status of the trademark such as WIPO Case No. D2019-0803 <migrosglobal.com> and WIPO Case No D2016-2547 <migros.store>. The Complainant claims that the Respondent knowingly chose to register and use the disputed domain name <migrosshopping.com> to divert customers and drawing damaging conclusions as to the Complainant’s operations through the disputed domain name and even a preliminary search over the Internet or survey among the public in general reveals that the “MIGROS” brand is associated with the Complainant and it has been used by them in their trade and business for decades including in Turkey. <\/span>Given the distinctiveness of the Complainant's trademarks and reputation, it is claimed that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/p>\n

        Also, the Complainant believes that the disputed domain name is being or intended to be used for phishing or other fraudulent purposes through the use of e-mail IDs ending with ‘@migrosshopping.com’. The Complainant further claims that the Respondent has used the disputed domain name to impersonate the Complainant for financial gain and impersonation is clear evidence of bad faith registration and use.<\/span><\/p>\n

        On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name <migrosshopping.com> in bad faith.<\/p>\n

         <\/p>\n

        RESPONDENT:<\/p>\n

        NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Mrs Selma Ünlü" ], "date_of_panel_decision": "2023-02-22 00:00:00", "informal_english_translation": "

        The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the “MIGROS” trademarks, various of which designated Turkey. The Complainant’s certain “MIGROS” trademarks are, inter alia<\/em>, the following:<\/p>\n

        - International trademark n°315524 registered on June 24, 1966;<\/p>\n

        - International trademark n°397821 registered on March 15, 1973;<\/p>\n

        - European Union trademark n°000744912 registered on July 27, 2000;<\/p>\n

        - International trademark n°1239151 registered on January 1, 2015.<\/p>\n

         Moreover, the Complainant is also the owner of the domain name <migros.com> registered on February 9, 1998, among many others bearing “MIGROS” trademark.<\/p>", "decision_domains": { "migrosshopping.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }