{ "case_number": "CAC-UDRP-104889", "time_of_filling": "2022-10-03 09:44:29", "domain_names": [ "xn--boursoramaaccs-7jb.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BOURSORAMA SA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "mohamed benour" ], "respondent_representative": null, "factual_background": "

The Complainant, Boursorama, is a French banking and financial services company. The Complainant is the owner of <\/span>the European trademark BOURSORAMA n°001758614.<\/p>\n

The Complainant also owns a number of domain names, including the same distinctive wording BOURSORAMA, such as the domain name <boursorama.com>.<\/p>\n

The disputed domain name was registered on 26 September, 2022 and resolves a copy of the Complainant’s website.<\/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": "

COMPLAINANT: <\/strong><\/p>\n

The Complainant asserts that the disputed domain name <boursoramaaccès.com> (<xn--boursoramaaccs-7jb.com>) is confusingly similar to its trademark BOURSORAMA and its domain names. The Complainant asserts that the addition of the French generic term “Accès” (“Access’) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BOURSORAMA. Moreover, the Complainant contends that the addition of the suffix “.COM” does not change the overall impression of the designation as being connected to the trademark BOURSORAMA.<\/p>\n

Per the Complaint, the Respondent is not known of the Complainant. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way and that Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.  Furthermore, the disputed domain name resolves to a copy of the Complainant’s website, using the disputed domain name in order to pass off as Complainant. Impersonating a complainant in a confusingly similar domain name’s resolving webpage is neither a bona fide offering of goods or services, nor a legitimate non-commercial or fair use under Policy.<\/p>\n

As regards the bad faith of the Respondent, the disputed domain name includes the well-known and distinctive trademark BOURSORAMA. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/p>\n

Furthermore, the Complainant argues that Respondent uses and registered the disputed domain name in a bad faith attempt to perpetuate a phishing scheme. The Respondent uses the disputed domain name to attempt to extract valuable personal information from users with the use of the goodwill associated with Complainant’s mark to promise fraudulent financial services. This is evidence that Respondent registered and uses the domain name in bad faith to facilitate a phishing scheme under Policy paragraph 4(a)(iii).<\/p>\n

RESPONDENT:<\/strong><\/p>\n

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": "

Language of Proceedings:<\/strong><\/p>\n

Under 11 of the UDRP Rules, the default language of the proceedings is the language of the registration agreement, subject to the authority of the Panel to determine otherwise. The language of the registration agreement is French. The Complainant initially filed a Complaint in the English language at the Arbitration Court, and later filed a French version of the same Complaint. In its discretion, the Panel verified that both versions coincide.<\/p>\n

Paragraph 10(c) of the Rules dictates that the Panel shall ensure that the administrative proceeding takes place with due expedition. Pursuant to Paragraph 10(b) of the Rules, all Parties should be treated with equality and given a fair opportunity to present their case. The Panel notes that no Response was received from the Respondent as to the language of the proceedings or merits of the Complaint. The Complainant having initially filed the Complaint in English, and in keeping with the Policy aim of facilitating a relatively time and cost-efficient procedure for the resolution of domain name disputes, the Panel determines that it would be appropriate for English to be the language of the proceedings in accordance with Paragraph 11 (a) of the UDRP Rules.<\/p>\n

The Panel is therefore 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": [ "Arthur Fouré" ], "date_of_panel_decision": "2022-11-04 00:00:00", "informal_english_translation": "

The Complainant has provided evidence of ownership of the following trademark:<\/p>\n

Trademark of the European Union BOURSORAMA <\/strong>No. 1758614 registered on 19 October 2001, duly renewed, and covering goods and services in international classes 09, 16, 35, 36, 38, 41 and 42.<\/p>", "decision_domains": { "xn--boursoramaaccs-7jb.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }