{ "case_number": "CAC-UDRP-101620", "time_of_filling": "2017-07-25 10:40:02", "domain_names": [ "clients-boursorama.frl" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOURSORAMA SA" ], "complainant_representative": "Nameshield (Maxime Benoist)", "respondent": [ "spawen ablecat" ], "respondent_representative": null, "factual_background": "The Complainant asserts and provides evidentiary documentation of the following facts, which are not contested by the Respondent.\r\n\r\nThe Complainant, a French corporation founded in 1995, is a subsidiary of Société Générale. In France the Complainant is a leading Internet-based financial information provider with the www.boursorama.com portal and a key player in online brokerage and online banking under the trademark \"BOURSORAMA BANQUE\" with over 1 million customers in January 2017. \r\n\r\nThe disputed domain name was registered on July 19, 2017 by spawen ablecat and at the moment of filing the Complaint it displayed a webpage indicating that the website is under construction. On 2017-07-25 14:46:41 the Complainant submitted ad additional documentary evidence, affirming that the disputed domain name was used for phishing, since it resolved to a website similar the Complainant's login page displaying the Complainant's figurative trademarks and, thus, creating the false impression in the Internet users that the disputed domain name is associated with the Complainant. \r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its distinctive and well-known BOURSORAMA Trademarks, since the addition of the generic term \"CLIENTS\" does not distinguish the disputed domain name from its trademarks.\r\n\r\nThe Complainant submits that the Respondent does not have any rights or legitimate interest in the disputed domain name:\r\n\r\n- the Respondent is not known by the Complainant, not affiliated with the Complainant, not authorized to use in any way, nor has any right nor legitimate interest in the disputed domain name and it not related in any way to the Complainant's business;\r\n\r\n- the Complainant does not carry out any activity for, nor has any business with the Respondent;\r\n\r\n- the disputed domain name first displayed a webpage indicating that the website is under construction and later on a webpage similar to the online access page of the Complainant;\r\n\r\n- considering the reputation of the Complainant and the notoriety of the BOURSORAMA Trademarks and the fact that both the Respondent and the Complainant are French, it is likely that the Respondent has deliberately (with the Complainant and the Complainant's marks in its mind) registered the disputed domain name in order to create a likelihood of confusion with the Complainant’s business and trademarks.\r\n\r\nThe disputed domain name therefore does not constitute a bona fide offering of goods and services or a legitimate noncommercial or fair use.\r\n\r\nThe Complainant also states that the disputed domain name has been registered and is being used in bad faith for the following cumulative circumstances:\r\n\r\n- the Complainant's BOURSORAMA Trademarks are well-known and the Respondent has registered the domain name which is confusingly similar to such marks;\r\n\r\n- given the distinctiveness and reputation of the Complainant's trademarks, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the trademarks;\r\n\r\n- the website in relation to the disputed domain name was first inactive (\"under construction\") and then used for phising activities.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name .", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain name.", "no_response_filed": "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.", "decision": "Accepted", "panelists": [ "Avv. Ivett Paulovics" ], "date_of_panel_decision": "2017-08-25 00:00:00", "informal_english_translation": "The Complainant relies on its company name, BOURSORAMA, and has sufficiently demonstrated to be owner of trademarks, characterized by the fancy and distinctive word BOURSORAMA, registered in the European Union and in France (where the Respondent resides according to the Whois data):\r\n\r\n- EUTM word mark \"BOURSORAMA\" no. 001758614, filed on July 13, 2000, registered on October 19, 2001 in the Int. classes (Nice Classification) 9, 16, 35, 36, 38, 41, 42\r\n\r\n- French word mark \"BOURSORAMA\" no. 98723359, registered on March 13, 1998 in the Int. classes (Nice Classification) 9, 16, 35, 36, 38, 42 \r\n\r\n- French figurative mark \"BOURSORAMA BANQUE\" no. 3370460, registered on July 13, 2005 in the Int. classes (Nice Classification) 9, 35, 36, 38, 41\r\n\r\n- French figurative mark \"BOURSORAMA BANQUE\" no. 3676762, registered on September 16, 2009, in the Int. classes (Nice Classification) 35, 36, 38\r\n\r\n(hereinafter together \"BOURSORAMA Trademarks\").", "decision_domains": { "CLIENTS-BOURSORAMA.FRL": "TRANSFERRED" }, "panelist": null, "panellists_text": null }