{ "case_number": "CAC-UDRP-106962", "time_of_filling": "2024-10-21 10:18:42", "domain_names": [ "bforbk-espace.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BFORBANK" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Lyam Grisson" ], "respondent_representative": null, "factual_background": "

The Complainant is an online bank launched in October 2009 by the Crédit Agricole Regional Banks.<\/span><\/p>\n

BFORBANK offers daily banking, savings, investment and credit (consumer and real estate) services. It counts approximately 230,000 clients and 400 employees.<\/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": "

The Complainant states that the disputed domain name is confusingly similar to its trademark<\/strong> “BFORBANK”.<\/span><\/p>\n

The deletion of the letters “AN” and the addition of the generic term “ESPACE” (French for “SPACE”) and the suffix “.com” does not suggest otherwise. It does not change the overall impression of the disputed domain name being connected to the Complainant’s trademark and does not prevent the likelihood of confusion between the disputed domain name and the Complainant's trademark.  <\/span><\/p>\n

The Complainant also states that the Respondent has no rights or legitimate interests in respect<\/strong> of the disputed domain name.<\/span><\/p>\n

The Complainant asserts that the Respondent is not identified in Whois Records<\/em>, is not commonly known and not known by the Complainant as \"BFORBK-ESPACE\". The Respondent is neither affiliated with nor authorized by the Complainant in any way and the Complainant has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for or have any business with the Respondent. Neither license nor authorization have 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

Furthermore, the Complainant states that the disputed<\/strong> domain name was registered and is being used in bad faith<\/strong>.<\/span><\/p>\n

The Complainant claims that the Respondent has registered the disputed domain name several years after the registration of the trademark “BFORBANK”, when the Complainant had already established a strong reputation. Also due to the distinctiveness of the Complainant's trademark it is inconceivable that the Respondent could have registered the disputed domain name without any knowledge of the Complainant's rights. Furthermore, the Respondent has not demonstrated any activity in respect of the disputed domain name. The disputed domain name resolves to a blank page. Therefore, it is impossible to imagine any plausible actual or contemplated use of the disputed domain name by the Respondent that would not be illegitimate. Finally, the disputed domain name has been set up with MX Resource Records which would suggest that it may be actively used for email purposes.<\/p>\n

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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": [ "Dominik Eickemeier" ], "date_of_panel_decision": "2024-11-25 00:00:00", "informal_english_translation": "

The Complainant owns several trademarks for “BFORBANK”, such as the European trademark No. 8335598, registered since June 2,2009.<\/p>\n

 The Complainant also owns multiple domain names that include the wording “BFORBANK”, such as the domain name <bforbank.com>, registered since January 16,2009.<\/p>", "decision_domains": { "bforbk-espace.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }