FACTS ASSERTED BY COMPLAINANT AND NOT CONTESTED BY RESPONDENT:
According to the information provided, Complainant is a financial services company, including online brokerage, financial information on the Internet and online banking.
The disputed domain name was registered on 15 May 2018.
The trademark registration of Complainant has been issued prior to the registration of the disputed domain name.
According to Complainant the disputed domain name is confusingly similar to Complainant’s trademark as it contains the trademark BOUSORAMA in its entirety.
According to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Respondent has neither been authorized by Complainant to register the disputed domain name, nor has Respondent acquired a legitimate right to use the BOUSORAMA trademark by any written agreement with Complainant. In addition, Complainant submits that the disputed domain name points to a website entitled “Bousorama Finances, Financements des particuliers” (which means “Boursorama Finances, Financing of individuals”), which displays Complainant’s logo and trademark BOURSORAMA. According to Complainant Respondent offers competing services to those provided by Complainant. Complainant also asserts that the disputed domain name resolves to a website in which Respondent is attempting to phish for Internet users’ information by presenting itself as an affiliate of Complainant. This is not a bona fide offering of goods or services nor a legitimate non-commercial or fair use.
According to Complainant the disputed domain name is registered and is being used in bad faith. Complainant submits that given the distinctiveness of Complainant's trademark and reputation and the facts that the website displays Complainant’s logo and trademark Respondent has registered the disputed domain name with full knowledge of Complainant's trademark. According to Complainant, Respondent uses the disputed domain name to divert Internet users searching for Complainant’s website to Respondent’s competing website, and to create a likelihood of confusion with Complainant’s mark for Respondent’s commercial gain by offering competing services and featuring Complainant’s BOURSORAMA trademark and logo on its website. Complainant submits that this is evidence of bad faith.
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