{ "case_number": "CAC-UDRP-103438", "time_of_filling": "2020-12-01 09:26:10", "domain_names": [ "bourasama.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BOURSORAMA SA" ], "complainant_representative": "Nameshield (Laurent Becker)", "respondent": [ "Rama Bourso" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is BOURSORAMA S.A. \r\n\r\nFounded in 1995, BOURSORAMA S.A. is a pioneer and leader in its three core businesses, online brokerage, financial information on the Internet and online banking and based its growth on innovation, commitment and transparency.\r\n\r\nThe Complainant grows in Europe with the emergence of e-commerce and the continuous expansion of the range of financial products online.\r\n\r\nIn France, BOURSORAMA is the online banking reference with over 2 million customers. The portal is the first national financial and economic information site and first French online banking platform. \r\n\r\nThe Complainant is the owner of several trademarks BOURSORAMA, such as the European trademark no. 1758614, filed on 13.07.2000, registered on 19.10.2001, protected for goods and services in classes 9, 16, 35, 36, 38, 41, 42. \r\n\r\nThe Complainant also owns a number of domain names, including the same distinctive wording BOURSORAMA®, such as the domain name , registered since 01.03.1998 and registered since 26.05.2005. \r\n\r\nThe disputed domain name was registered on 23.11.2020 and redirects to the Registrar’s page.\r\n\r\n", "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": "\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant's contentions are the following:\r\n\r\nThe disputed domain name is confusingly similar to the Complainant's earlier BOURSORAMA trademark since it contains an obvious misspelling of the Complainant’s trademark: BOURASAMA instead of BOURSORAMA. \r\n\r\nTherefore, the disputed domain name is a clear case of typosquatting. Previous UDRP Panels have found that slight spelling variations do not prevent a disputed domain name from being confusingly similar to the Complainant’s trademark.\r\n\r\nFurthermore, the Complainant contends that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark. The Complainant sustains that this does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark.\r\n\r\nThe Complainant further contends that the Respondent lacks rights or legitimate interests in the disputed domain name for a number of reasons.\r\n\r\nFirst, the Complainant asserts that the Respondent is not known as the disputed domain name, but as \"RAMA BOURSO\". The Complainant asserts that it is false information intending to be confusing with its trademark and denomination. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Therefore, the Complainant asserts that, the Respondent is not known as the disputed domain name. \r\n\r\nThe Complainant further asserts that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent is not a Complainant’s licensee, nor has ever been authorised to make use of the Complainant’s trademark or to apply for the registration of the disputed domain name. \r\n\r\nThe Complainant’s further asserts that the disputed domain name redirects to the Registrar’s page and that the domain name is also used for an attempt of scamming by reproducing the Registrant's official page. \r\n\r\nLastly, the Complainant points out that the disputed domain name has not been used for any bona fide offering of services\r\n\r\nAccordingly, in the Complainant’s view, the Respondent has no rights or legitimate interests in the disputed domain name . \r\n\r\nThe Complainant further argues that the disputed domain name has been registered, and is been used in bad faith. \r\n\r\nThe Complainant’s maintains that its BOURSORAMA trademark is a well-known trademark and therefore, that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s trademark. \r\n\r\nFurthermore, the disputed domain name is a form of typosquatting. Typosquatting is also evidence of bad faith.\r\n\r\nThe Complainant also asserts that the disputed domain name is used for scamming in order to obtain the client’s access.\r\n\r\nBased on the above, the Complainant asserts that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2021-01-06 00:00:00", "informal_english_translation": "The Complainant bases its Complaint on the European Union trademark “BOURSORAMA”, No. 1758614, filed on 13.07.2000, registered on 19.10.2001, protected for goods and services in classes 9, 16, 35, 36, 38, 41, 42.\r\n\r\n", "decision_domains": { "BOURASAMA.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }