{ "case_number": "CAC-UDRP-105518", "time_of_filling": "2023-06-09 10:24:43", "domain_names": [ "bforhank.top", "bfordank.top" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BFORBANK" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Natalia Frisch" ], "respondent_representative": null, "factual_background": "

I - The Complainant.<\/span><\/p>\n

BFORBANK is an online bank launched in October 2009 by the Crédit Agricole Regional Banks. BFORBANK offers daily banking, savings, investment and credit (consumer and real estate) services.<\/span><\/p>\n

II - The disputed domain names<\/span><\/p>\n

<BForHank.top> was registered on May 14 2023.<\/span><\/p>\n

<BFordAnk.top> was registered on June 2 2023.<\/span><\/p>\n

Both domain names are registered by Natalia Frisch. <\/span><\/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 names.<\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

The Complainant claims that the disputed domain names are confusingly similar to its prior trademark and domain name as the substitution of the letter “B” by the letter “H” or “D” in the trademark BFORBANK is not sufficient to escape the finding that the domain names are confusingly similar to the trademark BFORBANK.<\/span><\/p>\n

The Complainant supports its allegations citing several UDRP decisions which confirmed that minor spelling variations do not prevent domain names from being confusingly similar to the Complainant's trademarks.<\/span><\/p>\n

Finally, the Complainant contends that TLD are disregarded when assessing confusing similarity as they are considered as standard registration requirements.<\/span><\/p>\n

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 as the disputed domain names. <\/span><\/p>\n

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

As regards registration and use in bad faith, the Complainant claims that since the BFORBANK trademark is widely known, it is reasonable to infer that the Respondent has registered the disputed domain names with full knowledge of the Complainant's rights. Moreover, the disputed domain name <bfordank.top> resolved to a website which is a copy of the Complainant’s official customer access.

<\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not file an administrative response.<\/span><\/p>", "rights": "

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": "

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 names (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 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": "

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": "2023-07-12 00:00:00", "informal_english_translation": "

The Complainant is the owner of the EU trademark reg. no. 008335598 for BforBank filed on June 2, 2009 and registered on December 8, 2009 in classes 9, 35, 36 and 38. The Complainant also proved to own the domain name <bforbank.com>. <\/p>", "decision_domains": { "bforhank.top": "TRANSFERRED", "bfordank.top": "TRANSFERRED" }, "panelist": null, "panellists_text": null }