ADR.eu

Language
  • About us
    • Who we are
    • Other domain disputes
    • Contact us
    • News
  • My disputes
    • Login
    • Register new user
  • Help
    • For Complainants
    • For Respondents
    • For Panelists
  • Resources
    • What is UDRP
    • Rules
    • Fees
    • Decisions
    • Panellists
    • Disputed Domain Names
  • Home

This site serves for these domain disputes:

generic Top Level Domains and .co.nl, .co.no and .sx domains

Back to entry page - choose type of domain name dispute

Search

Dispute 103182

  •  
    Complaint
    •  
      Complaint Suspended
    •  
      Dispute Terminated
  •  
    Decision
    •  
      Complaint Accepted
    •  
      Partially Accepted / Rejected
    •  
      Settlement
    •  
      Complaint Rejected
  •  
    Settlement
    •  
      Dispute Terminated

On-line ADR Center of the Czech Arbitration Court (CAC)

Panel Decision

§ 15 of the UDRP Rules (Rules), § 9 of the CAC’s Supplemental Rules (Supplemental Rules)

Case No. 103182
Time of Filing 2020-07-20 11:07:29
Disputed domain name BOURSORAMA-A.COM
Case Administrator
Name Šárka Glasslová
Complainant
Organization BOURSORAMA SA
Authorized Representative
Organization Nameshield (Enora Millocheau)
Respondent
Organization Agathe Martin Sanchez
Other Legal Proceedings
The Panel is not aware of other pending or decided legal proceedings relating to the disputed domain name.
Identification of rights
The Complainant is the owner of the EU trademark "BOURSORAMA" filed on 13 July 2000 and registered under n° 001758614 for goods and services of classes 9, 16, 35, 36, 38, 41 and 42 (hereafter also: "the Complainant's trademark") and uses the domain names “boursorama.com” and "boursorama-banque.com", which are connected to the official website of the Complainant.
Factual Background
FACTS ASSERTED BY COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:

The Complainant, BOURSORAMA S.A., was founded in 1995 and is growing within Europe for the range of financial products online. The Complainant is a pioneer and leader in the business of online brokerage, financial information on the internet and online banking. In France, the Complainant is the online banking reference. The Complainant uses the domain names “www.boursorama.com” and "boursorama-banque.com" and its EU trademark "BOURSORAMA" n° 001758614 in connection with online banking and financial products.

The Respondent registered the domain name “boursorama-a.com” on 13 July 2020 (hereafter also: "the disputed domain name"). The dispute domain name is currently not used for an active website, but refers to a default page.
 
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
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).
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).
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).
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.
Principal Reasons for the Decision
The Panel finds that the disputed domain name “boursorama-a.com” is confusingly similar to the Complainant’s trademark "BOURSORAMA".

The Complainant contends that the Respondent has made no use of, or demonstrable preparations to use, the disputed domain name, and is not commonly known under the disputed domain name. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark "BOURSORAMA", or apply for the registration of the disputed domain name "boursorama-a.com".

The Panel notes that the Respondent's name in the Whois database does not contain any reference to the disputed domain name or to "BOURSORAMA" or a similar word or name. The disputed domain name is also not used for any active website and only leads to a default page.

In lack of any response from the Respondent, or any other information indicating the contrary, the Panel concludes that the Respondent has no rights or legitimate interests in respect of the disputed domain name.

These facts, including the absence of a Response, the proof that the Respondent has registered and used the disputed domain name with full knowledge of the Complainant's trademark, and the absence of any activity in respect of the disputed domain name, also confirm that the disputed domain name has been registered in order to attempt to attract, for commercial gain, Internet users to his own website, by creating a likelihood of confusion with Complainant's well-known trademark as to the source, sponsorship, affiliation or endorsement of Respondent's website.

Therefore, in lack of any response from the Respondent or any other information indicating the contrary, the Panel concludes that the Respondent has registered and uses the disputed domain name in bad faith.
Decision
For all the reasons stated above, the Complaint is Accepted
and the disputed domain name(s) is (are) to be
BOURSORAMA-A.COM Transferred to the Complainant
Panellists
Name Tom Joris Heremans
Date of Panel Decision 2020-08-13
Publication of the Decision
Publish the Decision
Print this form

Copyright © 2008 Czech Arbitration Court | Online Platform: Copyright © 2008 Expert4me a.s. | Contact webmaster | Terms and Conditions | Privacy Policy | Contacts