{
    "case_number": "CAC-UDRP-103849",
    "time_of_filling": "2021-06-07 09:26:59",
    "domain_names": [
        "boursorama-2pd.com",
        "boursorama-2ps.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "zack levy"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a business based in France which provides services in online broking, online banking and the supply of financial information. It was founded in 1995 and has over 2.8 million banking customers in France.  \r\n\r\nThe Complainant owns several trade marks for BOURSORAMA, including the mark referenced above. In addition, it owns and operates the domain name <boursorama.com>; this resolves to the Complainant’s primary website, which includes an online banking portal for its customers.\r\n\r\nThe disputed domain names <boursorama-2pd.com> (“the first disputed domain name”) and  <boursorama-2ps.com>  (“the second disputed domain name) were registered on May 31, 2021. Neither of the disputed domain names  presently resolve to an active website. However, the second disputed domain name has previously been used as part of a phishing scheme in that it resolved to a login webpage, the appearance of which was the same as that one used by the Complainant for its online banking customers. \r\n\r\nThe disputed domain names are confusingly similar to the Complainant’s BOURSORAMA trade mark, which is included in its entirety in each domain name. Each disputed domain name adds a hyphen and a misspelt version of “PSD2”, which is an abbreviation for the European Directive known as  “Payments Service Directive 2”.  Neither the additional number and letters, nor the hyphen, prevents the disputed domain names from being found confusingly similar to the Complainant’s BOURSORAMA mark.\r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain names. The Respondent is not commonly known by the disputed domain names, nor is it affiliated with, nor authorised by, the Complainant in any way. The Respondent does not carry out any activity for, nor does it have any business with, the Complainant, nor has it been licensed to use the Complainant’s mark.  Although both disputed domain names are now inactive, the second disputed domain name has previously been used as part of a phishing scheme and it is clear that both disputed domain names were created in order to phish Internet users for personal banking information. \r\n\r\nThe Respondent has registered and is using the disputed domain names in bad faith. The fact that the disputed domain names combine the Complainant’s BOURSORAMA  trade mark  in full with misspellings of the acronym for the Payments Service Directive 2,  strongly indicates that the Respondent was aware of  the Complainant and its BOURSARAMA trade mark at the time of registration.  This is confirmed by the Respondent’s creation of a web page which purported to be that of the Complainant’s customer login page. \r\n\r\nThe Complainant accordingly has used the second disputed domain name primarily for the purpose of attempting to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant’s mark as the source or affiliation of its website. Whilst both disputed domain names are now inactive, it is not possible to conceive of any plausible actual or contemplated use of them that would not be illegitimate. \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.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\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).",
    "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).",
    "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": [
        "Antony Gold"
    ],
    "date_of_panel_decision": "2021-07-12 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a number of trade marks for BOURSORAMA including, by way of example only, European Trade Mark, registration number 001758614, for BOURSORAMA, in classes 9, 16, 35, 36, 38, 41 and 42, registered on October 19, 2001.",
    "decision_domains": {
        "BOURSORAMA-2PD.COM": "TRANSFERRED",
        "BOURSORAMA-2PS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}