The Complainant was founded in April 2010 and listed on the Main Board of the Hong Kong Stock Exchange on July 9, 2018. The Complainant is a consumer electronics and smart manufacturing company and is understood to be one of the largest smartphone companies by market share. It is the owner of several domain names, including <mi.com>.<\/p>\n
The disputed domain name was registered on November 26, 2024 and was used in connection with a website at https:\/\/xiaomi.onlinemihkdealers.com\/ where XIAOMI products have been offered for sale. The Respondent also provided a registration page.<\/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": "
COMPLAINANT:<\/p>\n
The Complainant argues that the disputed domain name is confusingly similar to their Trademarks. They claim that the addition of the terms “online”, “hk”, and “dealers” before and after the Trademarks serves to increase the confusing similarity between the disputed domain name and the Trademarks as they are closely linked and associated with the Complainant’s brand and trademark. Furthermore, they state that the TLD \".com\" does not prevent confusion either.<\/p>\n
The Complainant also asserts that the Respondent has no rights or legitimate interest in relation to the disputed domain name. They state that the Respondent is not sponsored by or affiliated with the Complainant in any way, that the Complainant has not licensed, authorized, or permitted the Respondent to use the Trademarks in any manner, including in domain names, that the Respondent is not commonly known by the disputed domain name, that the Respondent is also not making a legitimate, non-commercial fair use of the disputed domain name, and that the Respondent’s use of the disputed domain name in connection with a website „posing as an official XIAOMI store offering for sale, potentially counterfeited Xiaomi products“ and in connection with a registration page „possibly for gathering personal and financial information, which poses a security risk and may potentially be a phishing scam“ fails to constitute a bona fide offering of goods or services pursuant to the Policy. In this context, the Complainant also contends that the Respondent is not an authorized reseller and fails to meet the Oki Data for a bona fide use by a reseller as the Complainant is unable to ascertain the authenticity of the goods offered at the disputed domain name’s website, and as there is no visible disclaimer on the disputed domain name’s website to clarify that the website is not endorsed or sponsored by the Complainant to explain the non-existing relationship with the trademark holder.<\/p>\n
With regard to the question of bad faith, the Complainant states that the disputed domain name was registered and is being used in bad faith. They claim that the Respondent has registered the disputed domain name several years after the registration of the Trademarks by the Complainant, which are known internationally, that the Respondent uses terms like “online”, “hk”, and “dealers” which clearly refer to the Complainant, and that the Respondent was using the sub-domain https:\/\/xiaomi.onlinemihkdealers.com\/ to offer XIAOMI products for sale which reflects their awareness of the XIAOMI and MI brands. With regard to bad faith use, the Complainant states that the Respondent registered and used the disputed domain name for the purpose of launching a phishing attack, which is clear evidence of bad faith registration and use, and that the Respondent was posing as an official XIAOMI store offering for sale, potentially counterfeited Xiaomi products and provided a registration page, possibly for gathering personal and financial information.<\/p>\n
RESPONDENT:<\/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": [ "Peter Müller" ], "date_of_panel_decision": "2025-04-04 00:00:00", "informal_english_translation": "
The Complainant is the registered owner of several trademarks for the stylized word “MI”, including International Registration no. 1331842F, registered on April 14, 2016, in classes 7, 11, and 37, and International Registration no. 1173649, registered on November 28, 2012, in classes 9, 35, 38, and 42 (hereinafter referred to as the \"Trademarks\").<\/p>", "decision_domains": { "onlinemihkdealers.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }