{
    "case_number": "CAC-UDRP-107132",
    "time_of_filling": "2024-12-05 12:27:30",
    "domain_names": [
        "migrosaffiliate.cc",
        "migrosaffiliate.net",
        "migrosaffiliate.org",
        "migrosaffiliate.shop"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Migros-Genossenschafts-Bund"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Fulham Fulham"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant was founded in 1925 and is a cooperative association based in Switzerland. The Complainant is owned by more than two million cooperative members and, with more than 99,000 employees, is one of Switzerland&rsquo;s largest retailers. The Complainant had group sales in excess of CHF 31 billion in 2023, operates supermarkets and department stores, and provides services relating to wellness, travel and catering.<\/p>\n<p>The Complainant has a strong online presence and owns several domain names containing the Trademark, such as &lt;migros.com&gt;, &lt;migros.net&gt;, &lt;migros.fr&gt;, &lt;migros.at&gt;, &lt;migros.de&gt; and &lt;migros.us&gt;.<\/p>\n<p>The disputed domain names have been registered as follows:<\/p>\n<ul>\n<li>\n<p class=\"p1\">&lt;migrosaffiliate.net&gt; and &lt;migrosaffiliate.org&gt; have been registered on November 6, 2024;<\/p>\n<\/li>\n<li>\n<p class=\"p1\">&nbsp;&lt;migrosaffiliate.cc&gt; has been registered on November 15, 2024;<\/p>\n<\/li>\n<li>\n<p class=\"p1\">&lt;migrosaffiliate.shop&gt; has been registered on November 26, 2024<\/p>\n<\/li>\n<\/ul>\n<p class=\"p1\">Except for the dispute domain name &lt;migrosaffiliate.net&gt; that has not been actively used, the other disputed domain names have been used in connection with an active website displaying the Trademark and a log-in interface.<\/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 names.<\/p>",
    "no_response_filed": "<p>COMPLAINANT:<\/p>\n<p style=\"text-align: justify;\">The Complainant contends that the disputed domain names are confusingly similar to the Trademark, as<span>&nbsp;<\/span><span>they fully incorporate the Trademark, combining it with the word \"affiliate\". <\/span><\/p>\n<p style=\"text-align: justify;\">The Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain names. More specifically, it contends that the Respondent does not have trademark rights for, nor is it commonly known by &lsquo;migrosaffiliate&rsquo; or any similar term. The Respondent is not connected to nor affiliated with the Complainant and has not received license or consent to use the MIGROS mark in any way. The Respondent has not used, nor prepared to use, the disputed domain names in connection with a bona fide offering of goods or services, nor a legitimate non-commercial or fair use, since i) there have been attempts to impersonate the Complainant by creating the false impression that the sites represent an official portal of the Complainant (or, indeed, one of its affiliates), and, through such confusion, solicit the personal details of deceived internet users and ii) the lack of use is not consistent with a bona fide offering within the meaning of paragraph 4(c)(i) nor a legitimate non-commercial or fair use within the meaning of paragraph 4(c)(iii) of the Policy.<\/p>\n<p style=\"text-align: justify;\">Finally, the Complainant contends that the disputed domain names were registered and are being used in bad faith, since:<\/p>\n<p style=\"text-align: justify;\">i) the Complainant and its distinctive Trademark are widely known and the Respondent must have been aware of the Complainant at the time of registration; and<\/p>\n<p style=\"text-align: justify;\">ii) the use of &lt;migrosaffiliate.cc&gt;, &lt;migrosaffiliate.shop&gt; and &lt;migrosaffiliate.org&gt; leads to an intentional attempt to attract, for commercial gain, internet users by creating a likelihood of confusion with the Trademark and that in light of the above circumstances there is a high likelihood that &lt;migrosaffiliate.net&gt; may be also used to engage in illegitimate conduct which is the same or similar to the use of the other disputed domain names and that <span>the Respondent's non use of &lt;migrosaffiliate.net&gt; is evidence of bad faith.<\/span><\/p>\n<p style=\"text-align: justify;\"><\/p>\n<p>RESPONDENT:<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names have been registered and are 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": [
        "Stefanie Efstathiou LL.M. mult."
    ],
    "date_of_panel_decision": "2025-01-08 00:00:00",
    "informal_english_translation": "<p>The Complainant owns numerous&nbsp;trademark registration for \"MIGROS\", which cover many jurisdictions around the world. These registrations include the following:<\/p>\n<ul>\n<li class=\"p1\">the international trademark No. 315524 \"MIGROS\" (figurative), registered since June 23, 1966;<\/li>\n<li>the international trademark No. 397821 \"MIGROS\", registered since March 14, 1973;<\/li>\n<li>the Swiss trademark No. P-405500 \"MIGROS\", registered since September 20, 1993.<\/li>\n<\/ul>\n<p>All trademark registrations hereinafter cumulatively referred to as the \"Trademark\".<\/p>",
    "decision_domains": {
        "migrosaffiliate.cc": "TRANSFERRED",
        "migrosaffiliate.net": "TRANSFERRED",
        "migrosaffiliate.org": "TRANSFERRED",
        "migrosaffiliate.shop": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}