The Complainant is a Swiss retail company founded in 1925. It is currently Switzerland’s largest retailer and largest private employer, with more than 97,000 employees, which manufactures luxury sport equipment and outerwear.
The Complainant is one of the largest retailers in the world and operates manufacturing and wholesale activities through more than 30 companies in Switzerland and internationally. It operates supermarkets, furniture stores, gas station, convenience stores, among many commercial activities. It also operates Migros Bank AG which is one of the largest and most established banks in Switzerland.
The Complainant registered the domain name <migrosbank.ch> on March 20 1996.
The disputed domain name was registered on 19 April 2023 and resolves to a website which displays the Complainant’s MIGROS BANK mark in its left-hand section and purports to offer the same services as the Complainant.
<\/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": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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": [ "Jonathan Agmon" ], "date_of_panel_decision": "2023-06-21 00:00:00", "informal_english_translation": "
The Complainant is the owner of numerous trademarks, including but not limited to the following:<\/p>\n
- International Trademark No. 315524 for MIGROS, registered on June 23, 1966;<\/p>\n
- International Trademark No. 397821 for “MIGROS” registered on March 14, 1973;<\/p>\n
- Swiss Trademark No. 623618 for MIGROS BANK (figurative), registered on December 12, 2011;<\/p>\n
- Swiss Trademark No. 623622 for “BANCA BANQUER MIGROS BANK” registered on December 12, 2011;<\/p>\n
- Swiss Trademark No. 764760 for MIGROS BANK (figurative) registered on 2 June 2021;<\/p>\n
- International Trademark No. 631422 for “BANQUE MIGROS” registered on January 12, 1995;<\/p>\n
- International Trademark No. 404446 for M MIGROS (figurative) registered on 28 December 1973;<\/p>\n
- European Union Trademark No. 000744912 for “MIGROS”, registered on July 26, 2000;<\/p>\n
- European Union Trademark No. 003466265 for “MIGROS”, registered on May 13, 2005; and<\/p>\n
- USPTO Trademark No. 6026436 for “MIGROS”, registered on April 7, 2020.
<\/p>",
"decision_domains": {
"migrosbch.online": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}