{ "case_number": "CAC-UDRP-106034", "time_of_filling": "2023-12-04 10:18:39", "domain_names": [ "bforbank.xyz" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BFORBANK" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Rait Ranna " ], "respondent_representative": null, "factual_background": "

The Complainant is an online bank launched in October 2009 by the Crédit Agricole Regional Banks and offers daily banking, savings, investment and credit (consumer and real estate) services. The Complainant informs to be the owner of several <\/span>trademarks BFORBANK and in particular of the EUTM n° 8335598 filed on June 2nd<\/sup>, 2009 and regularly registered.<\/p>\n

Furthermore, the Complainant also owns many domain names, including the same distinctive wording BFORBANK, such as the domain name <bforbank.com>, registered since January 16, 2009.<\/p>\n

The Complainant notes that the disputed domain name <bforbank.xyz> was registered on November 27, 2023.<\/p>\n

According to the Complainant, the disputed domain name is identical to its trademark BFORBANK since said domain name includes the Complainant's mark in its entirety and the addition of the generic Top-Level Domain suffix “.xyz” does not change the overall impression of the designation as being connected to the trademark BFORBANK.<\/p>\n

Furthermore, the Complainant argues that the Respondent does not have any rights or legitimate interests in respect of the disputed domain name since the Respondent was not commonly known by the disputed domain name and the Complainant has never grant the Respondent a license or permission to use its BFORBANK mark.<\/span><\/p>\n

In addition, the Complainant notes that the disputed domain name was registered and is used in bad faith.  Actually, given the distinctiveness of the Complainant's trademarks and reputation, it is inconceivable, in the Complainant's view, that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the trademark. The Complainant has also provided a screenshot of a redirect check, taken on November 29, 2023, showing that the disputed domain name redirected to the Complainant's website (www.bforbank.com<\/a>).<\/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": "

The Complainant´s contentions are summarized above.<\/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": [ "Guido Maffei" ], "date_of_panel_decision": "2024-01-08 00:00:00", "informal_english_translation": "

The Complainant is the owner of EUTM number 8335598 \"BforBank\" registered on December 8, 2009.<\/span><\/p>", "decision_domains": { "bforbank.xyz": "TRANSFERRED" }, "panelist": null, "panellists_text": null }