{
    "case_number": "CAC-UDRP-103657",
    "time_of_filling": "2021-03-16 09:26:29",
    "domain_names": [
        "brs.contact"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "BRS"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, BOURSORAMA S.A., is active in online brokerage, financial information on the Internet and online banking.\r\n\r\nIn France, BOURSORAMA is the online banking reference with over 2 million customers. The portal www.boursorama.com 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 n° 1758614 registered since 2001-10-19.\r\n\r\nThe Complainant also owns a number of domain names, including the same distinctive wording BOURSORAMA®, such as the domain name <boursorama.com>, registered since 1998-03-01 but also the domain names < brsimg.com>, < brsourama.com > and < brsp.app >.\r\n\r\nThe disputed domain name <brs.contact> was registered on February 26th, 2021 in the name of an organization called BRS, based in France.\r\n\r\n<brs.contact> redirects to a “Joomla” website without content. However, the disputed domain name was used by the Respondent to impersonate the Complainant for the purpose of attempted consumer fraud by emails.",
    "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\nAs regards the First Element of the Policy, the Complainant supports that the disputed domain name is confusingly similar to its prior trademarks, BOURSORAMA. According to the Complainant's submission, <brs.contact> is an abbreviation of BOURSORAMA and as such it must be considered confusingly similar to the Complainant's trademark. The Complainant adds that the Respondent itself is using <brs.contact> in a way that could create confusion for the public.\r\n\r\nAs regards the Second Element of the Policy, the Complainant contends that there is no evidence that the Respondent was commonly known by the disputed domain name. \r\n\r\nFurthermore, the Respondent used <brs.contact> to impersonate itself as the Complainant and such circumstance excludes any right\/legitimate interests in registering or using the domain name for the purposes of the Second Element of the Policy. \r\n\r\nAs regards the Third Element of the Policy, the Complainant supports that the Respondent was aware of the BOURSORAMA trademark at the time of the registration of the disputed domain name. \r\n\r\nFurthermore the Complainant claims that the disputed domain name was used in a phishing scheme. \r\n\r\nSuch circumstances confirm that <brs.contact> is used and registered in bad faith.\r\n\r\nRESPONDENT:\r\n\r\nNo administratively response was 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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2021-04-18 00:00:00",
    "informal_english_translation": "The Complainant proved to own the EU trademark registration for \"BOURSORAMA\" no. 1758614 registered on October 19, 2001 and duly renewed for classes 09, 16, 35, 36, 38, 41 and 42.\r\n\r\nThe Complainant also proved to own the following domain names:\r\n- <boursorama.com>;\r\n- <brsimg.com>;\r\n- < brsourama.com >;\r\n- < brsp.app >.",
    "decision_domains": {
        "BRS.CONTACT": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}