{ "case_number": "CAC-UDRP-106088", "time_of_filling": "2023-12-19 11:11:00", "domain_names": [ "migros-supermarkt.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Migros-Genossenschafts-Bund" ], "complainant_representative": "SILKA AB", "respondent": [ "Konrad Mäsel" ], "respondent_representative": null, "factual_background": "

The Respondent registered the disputed domain name on 18 November 2023. The language of the registration agreement is English.<\/p>\n

It results from the Complainant's undisputed allegations that,<\/p>\n

    \n
  1. the disputed domain name <\/strong>has been used to resolve to a website which reproduced the Complainant’s mark, logo, images and other visual indicia taken from the Complainant’s official website;<\/li>\n
  2. following its suspension request to the Registrar the disputed domain name now resolves to a site which contains pay-per-click (‘PPC’) links, some of which compete with the Complainant by directing users to the sites of other online supermarkets;<\/li>\n
  3. the Respondent had configured the disputed domain name with an MX (mail exchange) record, which now (after actions taken by the Registrar) appears to be removed.<\/li>\n<\/ol>\n

    <\/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": [ "Tobias Malte Müller" ], "date_of_panel_decision": "2024-02-06 00:00:00", "informal_english_translation": "

    The Complainant is the registered owner of several trademarks consisting of the term “MIGROS\" in particular international trademark “MIGROS\" no. 315524 registered on 23 June 1966 for goods and services in classes 3, 7, 8, 9, 11, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 34 and designating many countries including Germany, where the Respondent is located. This mark has duly been renewed and is in force.<\/p>", "decision_domains": { "migros-supermarkt.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }