{ "case_number": "CAC-UDRP-103170", "time_of_filling": "2020-07-17 09:07:53", "domain_names": [ "Boursorama-Ag.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOURSORAMA SA" ], "complainant_representative": "Nameshield (Laurent Becker)", "respondent": [ "Agathe Martin Sanchez" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Boursorama SA, is a French company that was founded in 1998 and acquired in 2002 by the online stock exchange broker Fimatex, which is part of the Société Générale financial services group. Boursorama entered the online banking services market in 2005. Today, it has over 2 million online banking customers, provides 300,000 stock exchange trading accounts and receives some 30 million visits online monthly.\r\n\r\nThe Respondent has obtained server hosting for the disputed domain name, as shown in evidence adduced by the Complainant. No home page is available, as explained on a default page automatically generated by the server and thus without the Respondent's intervention. But a subdirectory page loaded by the Respondent is accessible to internet users, which displays a login panel in French and bears the logo \"Boursorama Banque\".\r\n\r\nThe Respondent is not known by the disputed domain name and has no association with the Complainant of any kind or any authorization to use the Complainant's trade mark.\r\n\r\nThe Complainant stated that it had initiated another proceeding under similar circumstances to the present proceeding against the same Respondent and that the language employed in the other proceeding is English. See further in this regard \"Other Legal Proceedings\" above and \"Procedural Factors\" below.", "other_legal_proceedings": "The Panel became aware of another proceeding brought by the same Complainant against the same Respondent: CAC Case No. 103182 of 13 August 2020 (https:\/\/udrp.adr.eu). The Panel determined that Case 103182 had been conducted and decided in the English language with no discussion of the language of the proceeding. \r\n\r\nThe Panel took note that the Complainant invoked that proceeding's conduct in English as the reason also to conduct the present one in English. \r\n\r\nSee further \"Procedural Factors\" below.", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe disputed domain name is confusingly similar to the Complainant's well-known trademark BOURSORAMA. \r\n\r\nThe lack of a legitimate interest on the Respondent's part is evidenced by the absence of anything resembling the brand BOURSORAMA appearing in her name, in particular at the point of registration (\"WHOIS\" information). This suffices to shift the burden of proof to the Respondent.\r\n\r\nThe Complainant relies on past proceedings it has successfully brought to show that the lack of legitimate interest furthermore extends to bad faith, notably the finding in CAC Case No. 101131, BOURSORAMA v. PD Host Inc – Ken Thomas that the Respondent there acted in bad faith in registering a name that incorporates its well-known brand, it being \"totally irrealistic to believe that the Respondent did not know the Complainant's trademark\" when registering the domain name.\r\n\r\nFurthermore, the disputed domain name is being used for conducting a phishing scam, as evidenced by a login page purporting to be that of \"Boursorama Banque\" and which includes a link in case of forgotten login details. Numerous ADR proceedings have recognized that such a use is compelling evidence of bad faith use.\r\n\r\n\r\nRESPONDENT: \r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "No finding made. See \"Procedural Factors\" and \"Principal Reasons for the Decision\" below.", "no_rights_or_legitimate_interests": "No finding made. See \"Procedural Factors\" and \"Principal Reasons for the Decision\" below.", "bad_faith": "No finding made. See \"Procedural Factors\" and \"Principal Reasons for the Decision\" below. \r\n\r\n", "procedural_factors": "In light of a request recorded in the Case File by the Complainant to the CAC Case Administrator to change the language of the proceeding from French to English and of a contemporaneous and very similar proceeding involving the same Parties (see \"Other Legal Proceedings\" above), the Panel examined the issue of the language of the proceeding as a preliminary procedural matter by reference to the Case File and by means of investigations the Panel found it necessary to conduct under the general powers granted it by Paragraph 10 of the UDRP Rules. \r\n\r\nThe Panel then issued a Nonstandard Communication (NSC) entitled \"Preliminary Findings and Procedural Order regarding the Language of the Proceeding\". In this NSC, which was issued in English and French, the Panel:\r\n\r\n- made the preliminary finding that the language of the proceeding should be French in application of Paragraph 11(a) of the UDRP Rules;\r\n\r\n- noted, however, that the Complainant had invoked the fact that CAC Case 103182 had been conducted and decided in English as the reason to proceed in English also in this case;\r\n\r\n- concluded therefore that new submissions on the issue of the language of the proceedings should be permitted before the Panel confirmed its preliminary finding;\r\n\r\n- issued a procedural order inviting the Parties to make any such submissions by NSC in both English and French within a period of 14 days.", "decision": "Rejected", "panelists": [ "Kevin J. Madders" ], "date_of_panel_decision": "2020-08-31 00:00:00", "informal_english_translation": "The Complainant is the owner of EU trade mark 001758614, for the word \"BOURSORAMA\", registered on 26 November 2001 in relation to Nice Classification classes 9, 16, 35, 36, 38, 41 and 42. It is also the registrant of the domain name , registered on 1 March 1998.\r\n\r\nThe Respondent is the registrant of the disputed domain name , registered on 9 July 2020. ", "decision_domains": { "BOURSORAMA-AG.COM": "REJECTED" }, "panelist": null, "panellists_text": null }