{
    "case_number": "CAC-UDRP-103569",
    "time_of_filling": "2021-02-12 09:31:27",
    "domain_names": [
        "acces-boursorama.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Borsoramama"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant points out that it is a company, founded in 1995, in the field of online brokerage, financial information on the Internet and online banking.\r\n\r\nThe Complainant states that, in France, it has over 2 million customers as regards online banking and that its portal is the first national financial and economic information website and the first French online banking platform.\r\n\r\nThe Complainant submits that is the owner of several registrations for the trademark BOURSORAMA.\r\n\r\nThe Complainant underlines that it owns a number of domain names including the same distinctive wording BOURSORAMA, such as the domain name <boursorama.com>, registered since March 1, 1998.\r\n  \r\nThe Complainant notes that the disputed domain name was registered on January 21, 2021.\r\n\r\nThe Complainant observes that the disputed domain name redirects to a content dedicated to the sale of properties ant that it was also used by the Respondent to impersonate the Complainant for the purpose of attempted consumer fraud.\r\n\r\nThe Complainant considers that the disputed domain name is confusingly similar to its trademark BOURSORAMA because it includes in its entirety the trademark, and the addition of the generic French term “ACCES” (which means “ACCESS”) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BOURSORAMA. The Complainant adds that the addition of that generic term and of the generic top-level domain \".COM\", does not change the overall impression of the designation as being connected to the Complainant’s trademark BOURSORAMA and does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark. \r\n\r\nThe Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant adds that it does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant clarifies that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOURSORAMA, or apply for registration of the disputed domain name.\r\n\r\nThe Complainant submits that the disputed domain name was used for an attempt of phishing.\r\n \r\nThe Complainant considers that disputed domain name is confusingly similar to the Complainant's well-known trademark BOURSORAMA, and that, therefore, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.\r\n\r\nThe Complainant points out that the Respondent is using the disputed domain name to send e-mails seeking to mislead recipients as to the identity of the sender for its own commercial gain and this could be considered as evidence of bad faith.\r\n\r\nThe Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.",
    "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": "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2021-03-24 00:00:00",
    "informal_english_translation": "The Complainant is the registrant of the EU trademark registration No. 1758614 “Boursorama\", registered on October 19, 2001, for goods and services in classes 9, 16, 35, 36, 38, 41 and 42.\r\n\r\nThe disputed domain name was registered by the Respondent on January 21, 2021.",
    "decision_domains": {
        "ACCES-BOURSORAMA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}