The disputed domain names are almost identical to the trademark BOURSORAMA of the Complainant since the only differences refer to an single letter added to Complainant´s trademark BOURSORAMA or replacing a letter by another one, i.e.:
- the addition of the letter "b" on second place, as in <bboursorama.com>;
- the addition of the letter "a" at the end, as in <boursoramaa.com>;
- replacing the second letter "r" by the letter "t", as in <boursotama.com>;
- replacing the first letter "r" by the letter "t", as in <boutsorama.com>;
- replacing the first letter "r" by the letter "u", as in <bouursorama.com>.
The Panel therefore considers the disputed domain names to be confusingly similar to the trademarks in which the Complainant have rights in accordance with paragraph 4(a)(i) of the Policy.
The Complainant's assertions that the Respondent is not commonly known by the disputed domain names and is not affiliated with nor authorized by the Complainant are sufficient to constitute a prima facie showing of absence of rights or legitimate interest in the disputed domain names on the part of the Respondent. The evidentiary burden therefore shifts to the Respondent to show by concrete evidence that it does have rights or legitimate interests in that name. The Respondent has made no attempt to do so. The Panel therefore finds that the Respondent does not have rights or legitimate interests in the disputed domain names.
In view of the non-disputed assessment that the Complainant is a key player in online banking and financial information and in view of the significant number of monthly visits and in view of the fact that Complainant´s trademark has no meaning, the Respondent must have been well aware of the Complainant and its trademark when registering the disputed domain names differing only in one letter compared to Complainant´s trademark. The Complainant had not authorized the Respondent to make use of its mark. This Panel does not see any conceivable legitimate use that could be made by the Respondent of this particular disputed domain name without the Complainant's authorization.
The circumstances of this case, in particular the Respondent's approach to link the disputed domain names to commercial websites indicate that the Respondent registered and used the disputed domain names primarily with the intention of attempting to attract, for commercial gain, Internet users to its website or other online locations, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of such website or location, or of a product or service on such website or location.
The Panel therefore considers the disputed domain names to have been registered and used in bad faith in accordance with paragraph 4(a)(iii) of the Policy.
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