{
    "case_number": "CAC-UDRP-103734",
    "time_of_filling": "2022-04-25 10:27:18",
    "domain_names": [
        "migrosinvestb.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "MIGROS-GENOSSENSCHAFTS-BUND "
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Hosting Concepts BV d\/b\/a Registrar.eu"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a Swiss retail company founded in 1925. The Complainant is currently one of the forty largest retailers in the world and is active in manufacturing and wholesaling through more than 30 companies (about 25 Swiss-based and around 10 abroad) in many commercial areas.\r\n\r\nOne 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. 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. \r\n\r\nThe Complainant uses its trademarks and domain names in connection to its activities worldwide.\r\n\r\nThe Respondent registered the disputed domain name <migrosinvestb.com> on 22 March 2022 (\"the disputed domain name\"). The disputed domain name is not used for an active website, and it appears that it is currently blocked because of suspected illegal activities (malware). The Complainant asserts that the disputed domain name was initially redirected to a website that was used to impersonate the Complainant in an attempt to defraud the Complainant's customers.",
    "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": [
        "Tom  Joris Heremans"
    ],
    "date_of_panel_decision": "2022-06-01 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks and domain names including the word MIGROS.\r\n\r\nIn particular, the Complainant is the owner of the following MIGROS trademarks:\r\n- International trademark registration n° 315524 “M MIGROS”, in classes 3, 7, 8, 9, 11, 21-31 and 34, registered on 23 June 1966;\r\n- International trademark registration n° 397821 “MIGROS\", in classes 1-12, 14-32 and 34, registered on 14 March 1973;\r\n- International trademark registration n° 404446 “M MIGROS\", in classes 1-9, 11, 12, 14-32 and 34, registered on 28 December 1973;\r\n- International Trademark no. 637252 \"MIGROS\", in classes 35, 36, 37, 38, 39, 40, 41 and 42, registered on 13 February 1995;\r\n- EU trademark registration n° 000744912 “MIGROS”, in classes 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 14 - 32, 34, and 35-42, registered on 26 July 2000;\r\n- EU trademark registration n° 003466265 “MIGROS”, in class 35, registered on 13 May 2005;\r\n- Swiss trademark registration n° 3P-268357 \"M MIGROS\", in classes 1-9, 11, 12 and 14-34, registered on 28 December 1973;\r\n- Swiss Trademark registration n° 623618 \"MIGROSBANK\", in classes 35 and 36, registered on 12 December 2011;\r\n- Swiss Trademark registration n° 623620 \"MIGROSBANK\", in classes 35 and 36, registered on 12 December 2011; and\r\n- United States of America Trademark n° 6026436 \"MIGROS\", in class 35, registered on 7 April 2020.\r\n\r\n(the “Complainant's trademarks\").\r\n\r\nThe Complainant asserts to have many other MIGROS trademarks worldwide. \r\n\r\nThe Panel notes that the Complainant has domain names consisting of the word \"MIGROS\", such as <migros.ch>, <migrosbank.ch>, <migros.de>, which are connected to the official website of the Complainant (\"the Complainant's domain names\").",
    "decision_domains": {
        "MIGROSINVESTB.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}