The Complainant is an online bank launched in October 2009. It offers daily banking, savings, investment, and credit services for 230.000 customers. It owns a number of domain names, such as <bforbank.com>, registered since January 16, 2009.<\/p>\n
The disputed domain name was registered on November 28, 2024, and resolves to a parking page with commercial links. Furthermore, it is connected to MX servers.<\/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 argues that the disputed domain name is confusingly similar to their Trademark. They claim that the deletion of the letters “AN”, the addition of the letter “S”, and the addition of the generic term “ESPACE” (French for “SPACE”) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the Trademark. Additionally, they state that the TLD \".com\" does not prevent confusion either.<\/p>\n
The Complainant also asserts that the Respondent has no rights or legitimate interest in the disputed domain name. They explain that the Respondent is not identified in the Whois database as the disputed domain name, 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 name, and that the use in connection with a parking page with commercial links is not a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/p>\n
Regarding bad faith, the Complainant states that the disputed domain name was registered and is being used in bad faith. They claim that the Respondent has registered the disputed domain name several years after the registration of the Trademark by the Complainant, which has established a strong reputation while using this trademark, that all results from a Google search on the terms “BFORBKS ESPACE” refer to the Complainant, and that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the Trademark. With regard to bad faith use, the Complainant states that the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith. Finally, the Complainant states that MX servers are configured which suggests that the disputed domain name may be actively used for email purposes.<\/p>\n
RESPONDENT:<\/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": [ "Peter Müller" ], "date_of_panel_decision": "2025-01-06 00:00:00", "informal_english_translation": "
The Complainant is the registered owner of European trademark registration no. 008335598 \"BforBank\", registered on December 8, 2009, in classes 9, 35, 36, and 38 (hereinafter referred to as the \"Trademark\").<\/p>", "decision_domains": { "bforbks-espace.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }