FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is an online bank created in October 2009. The Complainant offers daily banking, savings, investment and credit services for more than 200.000 customers.<\/span><\/p>\n The Complainant is the owner of several trademark registrations and of a number of domain names, including the same distinctive wording BFORBANK, such as the domain name <bforbank.com>, registered on January 16, 2009.<\/span><\/p>\n The Complainant states that the disputed domain name is confusingly similar to its trademark BFORBANK. The Complainant considers that the replacement of the letters “FOR” by the number “4” (pronounced “four” in English) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BFORBANK as it is phonetically identical to those letters and is a very common abbreviation for this syllable. The Complainant contends that the addition of the suffix “.COM” does not change the overall impression of the designation as being connected to the trademark BFORBANK.<\/span><\/p>\n The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name and is dissimulating its true identity by being registered as \"Privacy Protect\". The Complainant underlines that past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name.<\/span><\/p>\n The Complainant states that the Respondent is not known by the Complainant. The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant considers that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant points out that it does not carry out any activity for, nor has any business with the Respondent.<\/span><\/p>\n The Complainant states that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BFORBANK, or apply for registration of the disputed domain name.<\/span><\/p>\n The Complainant adds that the disputed domain name resolves to an inactive page. The Complainant contends that the Respondent did not make any use of the disputed domain name since its registration, and it confirms that the Respondent has no demonstrable plan to use it. <\/span><\/p>\n For these reasons, the Complainant considers that the Respondent has no rights or legitimate interests on the disputed domain name.<\/span><\/p>\n The Complainant recalls that the disputed domain name is confusingly similar to the Complainant's trademark BFORBANK. The Complainant stresses that Respondent has registered the disputed domain name several years after the registration of the trademark BFORBANK by the Complainant, which has established a strong reputation while using this trademark. The Complainant considers itself as a well known banking entity. In the light of the above, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/span><\/p>\n<\/div>",
"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 summarised above.<\/p>\n No administratively compliant Response has been filed. <\/p>\n<\/div>",
"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": [
"Michele Antonini"
],
"date_of_panel_decision": "2024-02-04 00:00:00",
"informal_english_translation": " The Complainant is the registrant of the EU trademark registration No. 8335598 “BFORBANK\", registered on December 8, 2009, for goods and services in classes 9, 35, 36 and 38.<\/p>\n The disputed domain name was registered by the Respondent on December 25, 2023.<\/p>",
"decision_domains": {
"b4-bank.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
The Complainant observes that the majority of the results of a Google search of the term “B4 BANK” refer to the Complainant.
The Complainant, given the distinctiveness of its trademark and reputation, contends that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the trademark.
The Complainant underlines that the disputed domain name resolves to an inactive page. The Complainant contends 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 disputed domain name by the Respondent that would not be illegitimate.<\/span><\/p>\n