{ "case_number": "CAC-UDRP-109040", "time_of_filling": "2026-10-02 09:40:28", "domain_names": [ "paysofax.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "SOFAX BANQUE" ], "complainant_representative": "FRANCK CASO (IN CONCRETO)", "respondent": [ "Frederic" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant is a French banking institution whose corporate origins date to 1963. It forms part of the TotalEnergies Group and provides banking services principally to companies within that Group, including loans and guarantees.<\/p>\n

The Complainant states that it is authorised to conduct banking and investment related activities in France.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Position<\/strong><\/p>\n

The Respondent did not file a Response or submit observations pursuant to Procedural Order No. 1 (the \"PO1\").<\/p>\n

C<\/strong>. Disputed Domain Name<\/strong><\/p>\n

The disputed domain name <paysofax.com> was registered on 19 April 2026 through OwnRegistrar, Inc.<\/p>\n

The Complaint identifies the Respondent as Frederic.<\/p>\n

The evidence submitted with the Complaint, including an archived capture dated 29 May 2026, shows that the disputed domain name was used for a French-language website prominently displaying SOFAX BANQUE and presenting itself as an online banking service. The website invited visitors to open bank accounts, access online banking facilities and obtain financial services.<\/p>\n

An ABE Infoservice regulatory blacklist entry dated 4 June 2026 identifies the disputed domain name under categories including credit, savings accounts, payments, insurance and professional identity theft.<\/p>\n

D<\/strong>. Procedural History<\/strong><\/p>\n

Following review of the record, the Panel issued PO1 on 3 November 2026, inviting the Complainant to make further submissions, supported by evidence, concerning its asserted unregistered trade mark or service mark rights in SOFAX BANQUE.<\/p>\n

The Complainant submitted its response on 5 November 2026, together with two additional annexes concerning its banking-sector recognition and French trade mark application.<\/p>\n

The Respondent was afforded until 11 November 2026 to comment on those submissions. No observations were received from the Respondent within the prescribed period.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <paysofax.com> (the \"disputed domain name\").<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong><\/p>\n

A<\/strong>.1 Identical or confusingly similar<\/strong><\/p>\n

The Complainant submits that it owns longstanding unregistered trade mark or service mark rights in SOFAX BANQUE arising from its use of that designation in connection with banking activities.<\/p>\n

The Complainant contends that SOFAX BANQUE has acquired distinctiveness through its longstanding commercial operations, its status as a regulated banking institution and its identification in independent banking-sector sources. The Complainant further submits that the disputed domain name incorporates SOFAX, the distinctive element of SOFAX BANQUE, preceded by the term \"pay\", which is directly associated with financial services. The omission of \"BANQUE\" and the addition of \"pay\" do not prevent a finding of confusing similarity.<\/p>\n

In its response to PO1, the Complainant adduces further evidence of financial activity and independent identification of SOFAX BANQUE as a banking institution. It also invokes French law and previous UDRP decisions concerning unregistered trade mark rights arising from corporate names, together with the Respondent's alleged deliberate targeting of its identity.<\/p>\n

A<\/strong>.2 No rights or legitimate interests<\/strong><\/p>\n

The Complainant submits that the Respondent has no relationship with it and has never been authorised to use the SOFAX BANQUE name or register the disputed domain name.<\/p>\n

The Complainant further contends that the Respondent has no corresponding trade mark rights and is not commonly known by the disputed domain name. It points to the use of the disputed domain name for a website presenting itself as SOFAX BANQUE and offering banking services. The Complainant submits that the Respondent sought to impersonate it and mislead Internet users, and that such conduct cannot constitute a bona fide<\/em> offering of goods or services or legitimate noncommercial or fair use.<\/p>\n

A<\/strong>.3 Registered and used in bad faith<\/strong><\/p>\n

The Complainant submits that the Respondent registered the disputed domain name with knowledge of, and an intention to target, SOFAX BANQUE. It relies on the incorporation of SOFAX into the disputed domain name, the addition of the financial term \"pay\" and the use of the corresponding website to present banking services under the SOFAX BANQUE identity. The Complainant further refers to inconsistencies in the Respondent's disclosed registration details and to the inclusion of the disputed domain name on the ABE Infoservice regulatory blacklist.<\/p>\n

The Complainant submits that the Respondent deliberately sought to create confusion concerning the origin and authorisation of the website for commercial gain.<\/p>\n

A<\/strong>.4 Relief sought<\/strong><\/p>\n

The Complainant requests transfer of the disputed domain name.<\/p>\n

B<\/strong>. Respondent<\/strong><\/p>\n

The Respondent has not participated in the proceeding. The Respondent's default does not relieve the Complainant of its burden of establishing each element required by paragraph 4(a) of the UDRP Policy.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP Policy).<\/p>", "no_rights_or_legitimate_interests": "

The Complainant has, to the satisfaction of the Panel, shown that the Respondent has no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the UDRP Policy).<\/p>", "bad_faith": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name was registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the UDRP Policy).<\/p>", "procedural_factors": "

1<\/strong>. Procedural Order No. 1<\/strong><\/p>\n

Having reviewed the Complaint and supporting evidence, the Panel considered it appropriate to invite further submissions concerning the Complainant's asserted unregistered trade mark or service mark rights in SOFAX BANQUE under paragraph 4(a)(i) of the UDRP Policy.<\/p>\n

Accordingly, on 3 November 2026, the Panel issued PO1 pursuant to Rules 10 and 12 of the UDRP Rules. The Complainant was afforded until 6 November 2026 to submit further observations and supporting evidence, and the Respondent was afforded until 11 November 2026 to comment.<\/p>\n

The Complainant submitted its response on 5 November 2026, accompanied by an independent banking-sector profile and an extract from the French trade mark register. No observations were received from the Respondent by the deadline of 11 November 2026.<\/p>\n

The Panel has considered the additional submissions and evidence in accordance with the UDRP Policy and the UDRP Rules.<\/p>\n

2<\/strong>. Miscellaneous<\/strong><\/p>\n

The Panel is satisfied that all procedural requirements under the UDRP Policy, the UDRP Rules and the CAC Supplemental Rules have been met and that there is no other reason why it would be inappropriate to provide a decision. <\/p>", "decision": "Accepted", "panelists": [ "Yana Zhou" ], "date_of_panel_decision": "2026-11-12 00:00:00", "informal_english_translation": "

The Complainant, SOFAX BANQUE, relies upon unregistered trade mark or service mark rights in the designation SOFAX BANQUE.<\/p>\n

The Complainant is a French banking institution which has operated under the corporate name SOFAX BANQUE since 14 April 1995. It is identified under that name in the records of the French Prudential Supervision and Resolution Authority (Autorité de contrôle prudentiel et de résolution<\/em>, \"ACPR\") and in independent banking-sector information.<\/p>\n

The Complainant filed French trade mark application no. 5304343 for SOFAX BANQUE on 2 October 2026. The application was published on 23 October 2026 and had not proceeded to registration according to the INPI extract submitted. <\/p>", "decision_domains": { "paysofax.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }