{
    "case_number": "CAC-UDRP-106234",
    "time_of_filling": "2024-02-07 14:01:54",
    "domain_names": [
        "migrosb.online"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Migros-Genossenschafts-Bund"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Johon  Dula"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a Swiss company active in the fields of <span>supermarkets and department stores, and provides also services relating to wellness, travel and catering.<\/span><\/p>\n<p><span>The Complainant owns the company MIGROS BANK AG active in the banking \/ financial fields.<\/span><\/p>\n<p><span>The Respondent is Jahon Dula and registered the disputed domain name, migrosb.online, on December 21st, 2023. the disputed domain name linked to a website which reproduced the MIGROS BANK trademark and which appeared to be active in the banking \/ financial fields.&nbsp;<\/span><\/p>",
    "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>The Complainant claims that the disputed domain name is confusingly similar to its prior trademarks and domain names it is contains in its entirety the trademark MIGROS. The addition of the letter \"B\" does not exclude the similarity between the prior trademarks and the disputed domain name.<\/span><\/p>\n<p><span>The Complainant contends that TLD are disregarded when assessing confusing similarity as they are considered as standard registration requirements.<\/span><\/p>\n<p><span>The Complainant claims that the Respondent has no rights nor legitimate interest in registering the disputed domain name. According to the Complainant assertions, there is no evidence that the Respondent is known with the disputed domain name.&nbsp;<\/span><\/p>\n<p><span>Finally, the actual use of the disputed domain name is not considered a \"bona fide offering of goods or services\" or a \"legitimate non-commercial or fair use\" for the purposes of the Policy.<\/span><\/p>\n<p>As regards registration and use in bad faith, the Complainant claims that since the MIGROS trademarks enjoy reputation and goodwill, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's rights. Moreover, the disputed domain name &lt;migrosb.online&gt; resolved to a website which contained the MIGROS trademark and which could be perceived as associated to the Complainant.&nbsp;<\/p>\n<p>RESPONDENT:<\/p>\n<p><span>The Respondent did not file an administrative response.<\/span><\/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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2024-03-11 00:00:00",
    "informal_english_translation": "<p>The Complainant proved to be the owner of the following MIGROS formative trademarks:<\/p>\n<ol>\n<li>MIGROS, IR reg. no. <span>315524;<\/span><\/li>\n<li><span>MIGROS, IR reg. no. 397821;<\/span><\/li>\n<li>MIGROS, Switzerland reg. no. P-405500;<\/li>\n<li>MIGROSBANK, IR reg. no. <span>631420;<\/span><\/li>\n<li><span>MIGROSBANK, Switzerland reg. no. 2P-414500;<\/span><\/li>\n<li><span>MIGROSBANK, Switzerland reg. no. 764760.<\/span><span><\/span><\/li>\n<\/ol>\n<p><span>The Complainant also alleged to be the owner of the domain names &lt;migros.ch&gt; and &lt;migrosbank.ch&gt;.&nbsp;<\/span><\/p>",
    "decision_domains": {
        "migrosb.online": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}