{
    "case_number": "CAC-UDRP-107084",
    "time_of_filling": "2024-11-25 10:34:00",
    "domain_names": [
        "bforbaank.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BFORBANK"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Michel Albara (eljawariya)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a French online bank launched in October 2009 by the Cr&eacute;dit Agricole Regional Banks, offering daily banking, savings, investment and credit services.&nbsp;<\/p>\n<p>The Complainant is the owner of the domain name &lt;bforbank.com&gt;, which was registered on January 16, 2009, and is used by the Complainant to provide its online banking services.<\/p>\n<p>The disputed domain name &lt;bforbaank.com&gt; was registered on November 1, 2024, and does not resolve to an active website.<\/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 name.<\/p>",
    "no_response_filed": "<p>COMPLAINANT<\/p>\n<p>The Complainant contends that the disputed domain name &lt;bforbaank.com&gt; is confusingly similar to its trademark BFORBANK and submits that this is a clear case of typosquatting, since the disputed domain name contains an obvious misspelling of the Complainant&rsquo;s trademark, consisting of the addition of a single letter &ldquo;a&rdquo; to the mark.<\/p>\n<p>The Complainant also asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name because: i) based on the Whois information of the disputed domain name, the Respondent is not known as the name encompassed in the disputed domain name; ii) the Respondent is not known by the Complainant, is not affiliated with or authorized by the Complainant in any way, nor does it carry out any activity for, or any business with, the Complainant; iii) the Respondent has not been authorized or licensed by the Complainant to use the Complainant&rsquo;s trademark or register the disputed domain name; iv) the Respondent&rsquo;s use of the disputed domain name in connection with an inactive website does not amount to a <em>bona fide<\/em> offering of goods or services or legitimate non-commercial or fair use.<\/p>\n<p>The Complainant claims that the Respondent registered the disputed domain name in bad faith because, given the distinctiveness and well-known character of the trademark BFORBANK and considering the Complainant had already been extensively using its trademark well before the Respondent registered the disputed domain name, it is inconceivable that the Respondent, which is French, could have registered the disputed domain name without actual knowledge of Complainant's trademark rights.<\/p>\n<p>As to the use of the disputed domain name in connection with an inactive website, the Complainant submits that it is not possible to conceive any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant&rsquo;s rights under trademark law.<\/p>\n<p>The Complainant also submits that, as prior UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.<\/p>\n<p>RESPONDENT<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<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 name (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 has been registered and is 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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2025-01-03 00:00:00",
    "informal_english_translation": "<p>The Complainant has demonstrated ownership of rights in the trademark BFORBANK for the purposes of standing to file a UDRP complaint.<\/p>\n<p>The Complainant has provided evidence of ownership of the European Union trademark registration No. 008335598 for BFORBANK (word mark), filed on June 2, 2009, and registered on December 8, 2009, in classes 9, 35, 36 and 38.<\/p>",
    "decision_domains": {
        "bforbaank.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}