{
    "case_number": "CAC-UDRP-106058",
    "time_of_filling": "2023-12-11 10:42:05",
    "domain_names": [
        "bfkbank.com",
        "bfebank.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "BFORBANK"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Alvaro Rodriguez Espinosa (PERSONA FISICA CON ACTIVIDAD EMPRESARIAL)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is an online bank launched in October 2009 by the Cr&eacute;dit Agricole Regional Banks.<\/p>\n<p><span>The Complainant provides information on its services online at &lt;bforbank.com&gt;, which is registered since January 16, 2009.<\/span><\/p>\n<p style=\"text-align: justify;\">The disputed domain names &lt;bfkbank.com&gt; and &lt;bfebank.com&gt; were both registered on December 05, 2023. At the time of filing of this complaint and according to Complainant's Annexes the disputed domain name &lt;bfkbank.com&gt; is used in connection with a parking website displaying relevant pay-per-click links and the disputed domain name &lt;bfebank.com&gt; is used in connection with a parking website without any links or relevant content. However, at the present moment both disputed domain names are displaying ppc links relevant to the Complainant's business.<\/p>\n<p>The Respondent is a domain name investor.<\/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><span>COMPLAINANT:<\/span><\/p>\n<p style=\"text-align: justify;\"><span>The Complainant contends that the disputed domain names are confusingly similar to the Trademark.<\/span><br \/><br \/><span>Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain names. In this regard, the Complainant states that the Respondent is not commonly known by the disputed domain names, that it is not affiliated with nor authorized by the Complainant in any way, that the Complainant does not carry out any activity for, nor has any business with the Respondent, and 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 names by the Complainant.<\/span><br \/><br \/><span>Finally, the Complainant contends that the disputed domain names were registered and are being used in bad faith. It contends that the Respondent must have been aware of the Complainant and its Trademark, at the time of registration of the disputed domain names and that the use of the disputed domain names cannot be for any <em>bone fide<\/em> offerings. More particularly, there are present circumstances indicating that, by using the domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website.<\/span><\/p>\n<p>RESPONDENT:<\/p>\n<p>The Responded submitted his Response and contends that:<\/p>\n<ul>\n<li style=\"text-align: justify;\">The disputed domain names are not confusingly similar to the Trademark, as there are visual and sound differences. Furthermore, he contends that if the word \"bank\" would be disregarded the remaining characters are not similar to the \"bfor\" part as they contain other letters and that there could be a lot of combinations of letters before the word \"bank\" and these cannot be all typosquatting cases.<\/li>\n<li style=\"text-align: justify;\">The Complainant could not prove that the Respondent does not have legitimate interests in the disputed domain names. The Respondent mentions that he is working on his business and that is why he bought the disputed domain names.<\/li>\n<\/ul>",
    "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 names (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 name 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": "2024-01-31 00:00:00",
    "informal_english_translation": "<p style=\"text-align: justify;\">The Complainant owns the EU Trademark No. 8335598 \"BforBank\", registered since June 02, 2009 (<span>hereinafter referred to as the \"Trademark\").<\/span><\/p>\n<p><span>The Respondent has not provided any evidence of rights.<\/span><\/p>",
    "decision_domains": {
        "bfkbank.com": "TRANSFERRED",
        "bfebank.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}