{ "case_number": "CAC-UDRP-106429", "time_of_filling": "2024-04-09 09:37:52", "domain_names": [ "BFORBK-ONLINE.COM" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BFORBANK" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Anonymized representative " ], "respondent_representative": "Anonymized Reprezentative respondent ", "factual_background": "

The Complainant is an online bank created in October 2009. The Complainant offers daily banking, savings, investment and credit services for more than 230.000 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 disputed domain name, registered on March 1, 2024, redirects to a parking page. Furthermore, MX records had been set for the disputed domain name.<\/span><\/p>\n

An individual whose name matches the name of the individual identified by the Registrar as the holder of the disputed domain name, using the response form declared that he was victim of a scam, that he is convinced that he has been a victim of an identity theft and that he was not the registrant of the disputed domain name. He submitted the receipt of a complaint filed with the competent authority.<\/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 states that the disputed domain name is confusingly similar to its trademark BFORBANK. The Complainant considers that the deletion of the letters “AN” and the addition of the generic term “ONLINE”, referring to the Complainant’s online activities, is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BFORBANK. 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.<\/p>\n

The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. 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.<\/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.<\/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.<\/p>\n

The Complainant adds that the disputed domain name resolves to a parking 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. <\/p>\n

For these reasons, the Complainant considers that the Respondent has no rights or legitimate interests on the disputed domain name.<\/p>\n

The Complainant recalls that the disputed domain name is confusingly similar to the Complainant's trademark BFORBANK. The Complainant stresses that the 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. The Complainant underlines that the term \"ONLINE\" relates to the Complainant's online banking activities.
The Complainant observes that the majority of the results of a Google search of the term “BFORBK ONLINE” 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 a parking 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.<\/p>\n

The Complainant adds that the disputed domain name has been set up with MX records which suggests that it may be actively used for email purposes. The Complainant considers that this is also indicative of bad faith registration and use because any email emanating from the disputed domain name could not be used for any good faith purpose.<\/p>\n

In the light of the above, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n

RESPONDENT:<\/p>\n

The Respondent has not contested any of the Complainant's arguments.<\/p>\n

The Response consists in a declaration from an individual whose name matches the name of the individual identified by the Registrar as the holder of the disputed domain name. This individual declared that he was victim of a scam, that he is convinced that he has been a victim of an identity theft and that he was not the registrant of the disputed domain name. <\/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>\n

The Respondent appears to have used the name and contact details of a third party when registering the disputed domain name. In light of the potential identity theft, in line with the approach taken by other panels in similar cases (see for example WIPO Case No. D2017-1520), the Panel requests that the Respondent’s name is redacted from the public version of this Decision. Indeed, the publication of the third party's name in these circumstances might adversely affect him.<\/span><\/p>\n

Given the limited scope of the Policy, the Panel is not in a position to verify the third party's contentions. However, regardless of the possible outcome of any verification of them, the outcome of this proceeding would still be the same. Indeed, none of the facts declared in the Response would deprive of plausibility the Complainant's arguments. On the contrary, in case of identity theft, the latter would constitute further evidence of bad faith (see for example CAC Case No. 104698).  <\/span><\/p>\n

<\/span><\/p>", "decision": "Accepted", "panelists": [ "Michele Antonini" ], "date_of_panel_decision": "2024-04-29 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 on March 1, 2024.<\/p>", "decision_domains": [], "panelist": null, "panellists_text": null }