{ "case_number": "CAC-UDRP-105519", "time_of_filling": "2023-06-09 09:54:34", "domain_names": [ "beforbankepargne.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BFORBANK" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Lagarrigue arnaud" ], "respondent_representative": null, "factual_background": "

The Complainant <\/span>is an online bank launched in October 2009. It offers daily banking, savings, investment, and credit services for 240 000 customers. It owns a number of domain names, such as <bforbank.com>, registered since January 16<\/span>, 2009<\/span>.<\/span><\/p>\n

The disputed domain name was registered on May 16, 2023, and is not used in connection with an active website. However, it is connected to MX servers.<\/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 name.<\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

The Complainant argues that the disputed domain name is confusingly similar to their Trademark. They claim that the addition of the letter “E” and of the term “EPARGNE” (meaning “saving”) to the domain name doesn't change the fact that it's confusingly similar to Trademark<\/span>. They further argue that the association of the term “EPARGNE” with the Trademark worsens the likelihood of confusion between the disputed domain name and the Trademark as it refers directly to the Complainant's products. Additionally, 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 the disputed domain name. They explain that the Respondent is not identified in the Whois database as the disputed domain name, that neither license nor authorization has been granted to the Respondent to make any use of the Trademark or apply for registration of the disputed domain name, that the disputed domain name is a typosquatted version of the Trademark and that typosquatting can be evidence that a respondent lacks rights and legitimate interests in the domain name, and that the disputed domain name is inactive and the Respondent has no demonstrable plan to use the disputed domain name.<\/p>\n

Regarding 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 Trademark by the Complainant, which has established a strong reputation while using this trademark, and that the term “BEFORBANKEPARGNE” does not have any signification, except in relation with the Complainant. They further argue that the misspelling and the addition of the term “EPARGNE” were intentionally designed to be confusingly similar to the Trademark and that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the Trademark. With regard to bad faith use, the Complainant states that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. Finally, the Complainant states that MX servers are configured which suggests that the disputed domain name may be actively used for email purposes.

<\/p>\n

RESPONDENT:<\/p>\n

No administratively compliant Response has been filed.<\/p>\n

The Respondent sent an email following the CAC´s notice about the commencement of the administrative proceedings. The Respondent firstly wrote “What is this?” by email from June 22, 2023. The case administrator provided the Respondent details about the UDRP proceedings by email from June 23, 2023. The Respondent then wrote “hi I bought that domain just like that, I don't understand what I have to do !” on June 26, 2023. The CAC repeatedly  provided the Respondent with information how to access the case file and file a response by email sent on June 26, 2023. The Respondent accessed the online platform on June 26, 2023 but never submitted any response neither did he provide any kind of reaction to the CAC email which was sent on June 26, 2023.<\/p>\n

Given the reasonable measures employed by CAC the Panel is satisfied that it is possible to proceed by submitting this panel decision without further statements of the Respondent.<\/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.<\/span><\/p>", "decision": "Accepted", "panelists": [ "Peter Müller" ], "date_of_panel_decision": "2023-07-31 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of <\/span>European trademark registration no. 008335598 \"BforBank\", registered on December 8, 2009, in classes 9, 35, 36, and 38 <\/span>(hereinafter referred to as the \"Trademark\").<\/span><\/p>", "decision_domains": { "beforbankepargne.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }