{
    "case_number": "CAC-UDRP-103814",
    "time_of_filling": "2021-05-24 09:27:58",
    "domain_names": [
        "boursorama-2dsps.com",
        "boursorama-2dsps.net",
        "boursorama-adhs.com",
        "bousoramad2spp.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "zack levy"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant in the present dispute is BOURSORAMA S.A., an online brokerage, banking and financial information provider, founded in France in 1995. \r\n\r\nThe Complainant is the owner of the domain name <boursorama.com>, which was registered on March 01, 1998 and is used by the Complainant in connection with its financial and economic information site as well as its banking platform. \r\n\r\nThe disputed domain names <boursorama-2dsps.com>, <boursorama-2dsps.net>, <boursorama-adhs.com>, <bousoramad2spp.com> were all registered by the Respondent on May 17, 2021.  The disputed domain names <boursorama-2dsps.com>, <boursorama-2dsps.net> and <bousoramad2spp.com> are pointed to registrar parking pages, while <boursorama-adhs.com> is not redirected to an active website.\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 names.\r\n",
    "no_response_filed": "PARTIES' CONTENTIONS\r\n\r\nCOMPLAINANT\r\n\r\nThe Complainant states that the disputed domain names are confusingly similar to its trademark BOURSORAMA as they include the trademark in its entirety with the addition of misspelling versions of the term “DPS2” (meaning “Directive on Services for Payment with 2 factors”) or the term “ADHS”, and a hyphen, which would not be sufficient to escape the finding of confusing similarity.\r\n\r\nThe Complainant also states that the Respondent has no rights or legitimate interests in the disputed domain names since the Respondent i) is not commonly known by the disputed domain name, ii) is not affiliated with nor authorized by the Complainant in any way, iii) has not been granted by the Complainant any license or authorization to use the Complainant’s trademark BOURSORAMA or apply for registration of the disputed domain names and iv) has not made any use of disputed domain names since their registration.\r\n\r\nThe Complainant submits that the Respondent registered the disputed domain names in bad faith because the Complainant’s trademark is well-known and distinctive and the Respondent chose to associate the trademark BOURSORAMA with the misspelt term “DPS2” (meaning “Directive on Services for Payment with 2 factors”) which according to the Complainant cannot be coincidental as it refers to secured payment, thus being related to the Complainant’s banking activities.\r\n\r\nAlso, considering the Respondent is French, according to the Complainant, it is easy to infer that the Respondent registered the disputed domain names with full knowledge of the Complainant’s trademarks. \r\n\r\nAs to the use of the disputed domain names, the Complainant notes that all they point to either inactive pages or parking pages and states that it is not possible to conceive of any plausible actual or contemplated active use of the domain names by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law.\r\n\r\nRESPONDENT\r\n\r\nNo Administratively compliant response has been filed.  \r\n",
    "rights": " The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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).\r\n",
    "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 names (within the meaning of paragraph 4(a)(ii) of the Policy).\r\n",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are 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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2021-07-05 00:00:00",
    "informal_english_translation": "The Complainant is the owner, inter alia, of the following trademark registration:\r\n\r\n- European Union trademark registration No. 001758614 for BOURSORAMA (word mark), filed on July 13, 2000 and registered on October 19, 2001, in international classes 9, 16, 35, 36, 38, 41 and 42.\r\n",
    "decision_domains": {
        "BOURSORAMA-2DSPS.COM": "TRANSFERRED",
        "BOURSORAMA-2DSPS.NET": "TRANSFERRED",
        "BOURSORAMA-ADHS.COM": "TRANSFERRED",
        "BOUSORAMAD2SPP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}