{
    "case_number": "CAC-UDRP-104436",
    "time_of_filling": "2022-03-24 09:36:02",
    "domain_names": [
        "boursorama-allianz.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Alice Bordereaux"
    ],
    "respondent_representative": null,
    "factual_background": "Founded in 1995, the Complainant is a French company and has three core businesses: online brokerage, financial information on the Internet and online banking.\r\n\r\nIn France, the Complaint is the online banking reference with over 2.8 million customers. The Complainant's portal is the first national financial and economic information site and first French online banking platform.\r\n\r\nThe disputed domain name was registered on 15 March 2022 and it does not resolve to any active website. MX servers have been configured for the domain name.",
    "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\nThe Complainant contends that the disputed domain name is confusingly similar to the BOURSORAMA Trademark, because it includes such trademark its entirety. The addition of term “Allianz”, the hyphen and the TLD .com is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant's mark.\r\n\r\nThe Complainant also contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not affiliated with nor authorised 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 authorisation has been granted by the Complainant to the Respondent to make any use of the BOURSORAMA Trademark or apply for registration of the disputed domain name.\r\n\r\nFinally, the Complainant contends that the registration of the disputed domain name that incorporates the Complainant’s well-known trademark suggests bad faith and it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.\r\n\r\nSince the disputed domain name is not used, 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 domain name 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\nThe disputed domain name has been set up with MX servers, which suggests that it may be actively used for email purposes. This is also indicative of bad faith registration and use because any email emanating from the disputed domain name could not be used for any good faith purpose.\r\n\r\nFor the above-mentioned reasons, the Complainant has requested the transfer of the disputed domain name.\r\n\r\nFurther to the Procedural Order issued by the Panel (see in details below), the Complainant has requested the cancellation of the disputed domain name.\r\n\r\nRESPONDENT:\r\n\r\nNo 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": "Upon appointment of the Panel, the Panel has reviewed the case file and found that the disputed domain name consists of the Complainant’s trademark (BOURSORAMA) and a third-party’s mark (ALLIANZ). Since the Complainant has not submitted evidence of the third party’s consent to file the case and to request that the transfer of the disputed domain name be ordered in favour of the filing Complainant only, the Panel has issued a Procedural Order, requiring the Complainant to provide the Panel with evidence of the third-party’s consent and setting a deadline of 5 working days.\r\n\r\nIn response to the Panels request, the Complainant has confirmed to not have the consent from the Allianz Group. The Complainant has contended that the Complaint had been filed as part of a takeover of the BOURSORAMA brand. The Complainant also contended that the fact that the disputed domain name includes the ALLIANZ brand is fortuitous. Finally, the Complainant has contended that, taking into account the fanciful identity of the Respondent, there is a risk that the domain name is being used in bad faith. Therefore, the Complainant has requested the cancellation of the disputed domain name.\r\n\r\nThe 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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2022-05-05 00:00:00",
    "informal_english_translation": "The Complainant has been running its business under the company name BOURSORAMA since 1995.\r\n\r\nIt is owner of several trademarks, including the term \"BOURSORAMA\", among which the European Union trade mark no. 1758614, registered since 19 October 2001 in classes 9, 16, 35, 36, 38, 41, 42.\r\n\r\nThe Complainant is also owner of numerous domain names, among which <boursorama.com>, registered since 1 March 1998, and resolving to its main website.\r\n\r\nThe Complainant's rights are hereinafter referred to as the BOURSORAMA Trademark.",
    "decision_domains": {
        "BOURSORAMA-ALLIANZ.COM": ""
    },
    "panelist": null,
    "panellists_text": null
}