{
    "case_number": "CAC-UDRP-103962",
    "time_of_filling": "2021-08-05 09:51:16",
    "domain_names": [
        "bourso-rama.online"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "BOURSO"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant was founded in 1995.  It is the owner of several BOURSORAMA trademarks which it uses in connection with its three core businesses of online brokerage, delivery of financial information on the Internet and online banking.  The Complainant is also the owner of a variety of domain names incorporating the BOURSORAMA mark, including <boursorama.com>, registered since March 1, 1998.\r\n\r\nThe disputed domain name was registered on July 28, 2021, resolves to a registrar parking page, and has MX servers configured. The disputed domain name is identical or confusingly similar to the Complainant’s trademark, which is included in its entirety. The addition of a dash coupled with the gTLD “.com” [sic] does not change the overall impression made by the Complainant’s said trademark, nor does it prevent the likelihood of confusion between the disputed domain name and said trademark. Plus, many UDRP decisions have also confirmed the Complainant’s rights.\r\n\r\nThe disputed domain name has been registered by the Respondent without rights or legitimate interests. The Respondent is not known by the Complainant. The Complainant contends that 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. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s BOURSORAMA trademark, or apply for registration of the disputed domain name.\r\n\r\nThe disputed domain name resolves to a registrar parking page. The Respondent has not made any use of disputed domain name since its registration, and this confirms that the Respondent has had no demonstrable plan to use the disputed domain name since its registration. Past panels have held that the lack of use of a domain name is considered as an important indicator of the absence of the Respondent’s legitimate interests.\r\n\r\nThe disputed domain name has been registered and is being used in bad faith. It is confusingly similar to the Complainant’s well-known BOURSORAMA trademark and it is reasonable to infer that it was registered in full knowledge of such trademark. Besides, the Complainant operates an online banking reference with over 2.8 million customers, and the portal at “www.boursorama.com” is the first national financial and economic information site and the first French online banking platform.\r\n\r\nThe disputed domain name resolves to a registrar parking page and the Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by constituting passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. Prior panels have held that the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.\r\n\r\nThe disputed domain name has been set up with MX records which suggests that it may be actively used for e-mail purposes. This is also indicative of bad faith registration and use because any e-mail emanating from the disputed domain name could not be used for any good faith purpose.    ",
    "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 that 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 that 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 the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Andrew Lothian"
    ],
    "date_of_panel_decision": "2021-09-01 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following registered trademark (among others):\r\n\r\n- European Union registered trademark BOURSORAMA, word mark, registered October 19, 2001 under number 1758614, for goods and services in Nice classes 9, 16, 35, 36, 38, 41 and 42.",
    "decision_domains": {
        "BOURSO-RAMA.ONLINE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}