FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
<\/p>\n
The Complainant is a financial institution which is the owner of the BOURSORAMA trademark. Under such mark, it engages in three core businesses of online brokerage, delivery of financial information on the Internet and online banking. The Complainant asserts that it is a pioneer of online banking launched in 2005. It has a portal at “www.boursorama.com”, and claims over four million customers. The Complainant owns a number of domain names incorporating the BOURSORAMA marks, including <boursorama.com>, registered since March 1, 1998, and <boursorama-banque.com>, registered since May 26, 2005.<\/p>\n
<\/p>\n
The disputed domain name was registered on August 17, 2022 and resolves to a web server index page. MX records are configured on the associated nameservers.<\/p>\n
<\/p>\n
The disputed domain name is confusingly similar to the Complainant’s trademark. It contains the Complainant’s BOURSORAMA trademark in its entirety prefixed with the generic French word “financement” (meaning funding). The addition of such word is insufficient to escape a finding of confusing similarity. The suffix “.com” likewise does not change the overall impression of the designation or prevent a finding of confusing similarity. Many previous UDRP decisions have affirmed the Complainant’s rights.<\/p>\n
<\/p>\n
The disputed domain name has been registered by the Respondent without rights or legitimate interests. The Respondent is not known by the disputed domain name. The Respondent is not identified in the WhoIs database as the disputed domain name. Previous panels have held that a respondent was not commonly known by a domain name if the WhoIs was not similar to such domain name.<\/p>\n
<\/p>\n
The Respondent is not known by the Complainant. The 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 to apply for registration of the disputed domain name. The disputed domain name resolves to an index page. The Respondent did not make any use of disputed domain name since its registration, and has no demonstrable plan to use the disputed domain name.<\/p>\n
<\/p>\n
The disputed domain name has been registered and is being used in bad faith. Previous cases under the Policy establish that the Complainant’s BOURSORAMA trademark is distinctive and well-known. The Complainant contends that the Respondent has registered and used the disputed domain name with full knowledge of the Complainant's trademark.<\/p>\n
<\/p>\n
Previous panels under the Policy 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. The disputed domain name resolves to an index page and MX servers are configured. 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.<\/p>", "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.<\/p>", "no_response_filed": "
No administratively compliant Response has been filed.<\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Andrew Lothian" ], "date_of_panel_decision": "2022-09-21 00:00:00", "informal_english_translation": "
The Complainant is the owner of the following European Union registered trademark:<\/p>\n
<\/p>\n
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.<\/p>", "decision_domains": { "financement-boursorama.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }