{
    "case_number": "CAC-UDRP-104644",
    "time_of_filling": "2022-06-14 08:27:17",
    "domain_names": [
        "identification-boursorama.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA SA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Anonymize, Inc."
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that the Respondent is a passive holder of the disputed domain name, <identification-boursorama.com> and states there is no evidence that the Respondent has any demonstrable plan to use it. It further states that even if the disputed domain name was made to resolve to an active website, there could be no conceivable use that would not be infringing of Complainant's mark. Complainant goes on to cite a number of UDRP decisions to reinforce its contention that the Respondent, Anonymize, Inc. lacks rights or legitimate interests in the disputed domain name and that it registered and is using the disputed domain name in bad faith. The Panel finds it unnecessary to repeat these citations here, but it accepts them as reflecting the consensus of the law on these issues.  \r\n\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 name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nBOURSORAMA S.A. was founded in 1995 concurrent with the emergence of e-commerce and has expanded to fill a range of financial products online. It is a pioneer and leader in its three core businesses: online brokerage, financial information on the Internet, and online banking. It is the online banking preference with over 1,5 million customers. The portal www.boursorama.com was the first national financial and economic information site and first French online banking platform. Complainant alleges that the disputed domain name <identification-boursorama.com> is confusingly similar to its trademark BOURSO® in that it incorporates its trademark in its entirety. The added word \"identification\" does not create a name distinctive from Complainant's mark; rather, it confirms the confusing similarity to BOURSO®.  \r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it could not conceivably be used to offer any bona fide services; has not been authorized by the Complainant to use the BOURSO trademark, does not correspond to the name of the Respondent, and cannot conceivably be used for any non-commercial or fair use. The Complainant adds that the disputed domain name does not resolve to an active website, but were it made to resolve to one it would attract unwitting customers who would believe the website was an official portal of Complainant and lure them into disclosing personal information, or for some other fraudulent purpose.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complainant's contentions and did not submit any arguments or evidence in its defence. In such event, UDRP Rule 14 provides (a) that the \"Panel shall proceed to a decision on the complaint\" and (b) that \"the Panel shall draw such inferences therefrom as it considers appropriate.\" In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at Para. 4.3.  ",
    "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": [
        "Gerald M. Levine, Ph.D, Esq."
    ],
    "date_of_panel_decision": "2022-07-22 00:00:00",
    "informal_english_translation": "Complainant is the owner of a French trademark BOURSO® n° 3009973 registered on February 22, 2000.  ",
    "decision_domains": {
        "IDENTIFICATION-BOURSORAMA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}