{
    "case_number": "CAC-UDRP-102331",
    "time_of_filling": "2019-01-31 08:53:27",
    "domain_names": [
        "boursorama-client.net"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": null,
    "respondent": [
        "Technology Vavalle"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a French bank that provides online banking, online brokerage, and online financial information services in France, the United Kingdom, Germany, and Spain. Boursorama SA was incorporated in 1995 and is headquartered in Boulogne-Billancourt, France. \r\n\r\nIt is the registered owner of European Union Trade Mark Number 001758614 BOURSORAMA, which was first filed on July 13, 2000 and subsequently proceeded to registration on October 19, 2001. \r\n\r\nThe Complainant is also the registrant of the domain names <boursorama.com> that has a creation date  March 1, 1998 and <clients-boursorama.com> that has a creation date of March 23, 2017.\r\n\r\nThe disputed domain name is <boursorama-client.net>. It resolves to a webpage that appears to be a login portal that requests visitors to enter login details. The title of the webpage states in French \"Customer area: access to your accounts - Boursorama Banque\". The webpage clearly displays the Complainant's BOURSORAMA trade mark and its unique logo. It has the convincing appearance of a legitimate login portal page belonging to the Complainant.\r\n\r\nThe Respondent provides its details as a business operating in Italy. However its e-mail is listed as izainf@hotmail.fr, which obviously operates through a French ccTLD. The Complainant provided a document from the Registrar confirming these details.  ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIn addition to asserting registered rights in BOURSORAMA the Complainant contends it operates a leading online banking business under that trade mark with over 1.5 million customers. It annexed to its complaint screen shots of its website with detailed information in relation to its business.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its BOURSORAMA trade mark and that the Respondent has no legitimate rights in the disputed domain name. It further contends that given the use of the well-known BOURSORAMA trade mark together with the use of its logo in is reasonable to infer that the Respondent had \"full knowledge\" of the Complainant's trade mark.\r\n\r\nIn summary, the Complainant contends that the disputed domain name was registered for commercial gain and to attempt to obtain personal information through falsehood and confusion.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent's contentions are short and can be summarised in two words: mistaken identity. \r\n\r\nThe Respondent provides no arguments against the Complainant's rights in the BOURSORAMA trade mark or that the disputed domain name is confusingly similar to such a trade mark. The Respondent also offers no explanation for the content of the webpage that the disputed domain name resolves to. Instead the Respondent discusses its right to use a totally unrelated domain name for its legitimate business. \r\n\r\nThe Respondent says it has never heard of the Complainant. In summary, the Respondent, in the Panels view, provides contentions in an attempt to present the image of a confused registrant who knows nothing of either the Complainant or the disputed domain name. \r\n\r\nIf such a contention were held to be true then, obviously, the Complaint would be refused and the result would be that an unknown entity gets the ongoing benefit of a domain name being used for flagrantly fraudulent purposes. However for the reasons set out below the Panel does not accept the Respondent's plea of mistaken identity.\r\n",
    "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": [
        "Mr Andrew Norman Sykes"
    ],
    "date_of_panel_decision": "2019-03-01 00:00:00",
    "informal_english_translation": "European Union Trademark number 001758614 BOURSORAMA, which has a registration date of 13 July 13, 2000.  ",
    "decision_domains": {
        "BOURSORAMA-CLIENT.NET": "TRANSFERRED"
    }
}