The Complainant is Boursorama S.A., a French company operating in the field of online brokerage, financial information and banking. The Complainant operates through its website at www.boursorama.com, which is the first national financial and economic information site and the first French online banking platform.<\/p>\n
The disputed domain name <boursorma-portail.com> was registered on 23 September 2022 and resolves to an index page.<\/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>\n
The Complainant's contentions are the following:<\/p>\n
The disputed domain name is confusingly similar to the Complainant's earlier trademark BOURSORAMA, as it wholly incorporates the Complainant's trademark followed by the generic term \"portail\", which is not sufficient to escape a finding of confusing similarity. <\/p>\n
The Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent is not identified in the Whois database as the disputed domain name, and is therefore not commonly known by it. The Complainant does not know the Respondent and the Respondent is not affiliated with the Complainant. The Respondent does not carry out any activity for, nor has any business with the Respondent. The Complainant has not granted a license or authorization to use the trademark BOURSORAMA, or to apply for the registration of the disputed domain name. Moreover, the Complainant argues that the Respondent uses the disputed domain name to falsely impersonate the Complainant. Said use does not amount to a bona fide offering of goods or services, nor to a legitimate noncommercial or fair use of the disputed domain name.<\/p>\n
The BOURSORAMA trademark is well-known and distinctive. Thus, the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark and in bad faith. The Respondent uses the disputed domain name to fraudulently phish for valuable personal information from users to perform fraudulent financial services. This is clear evidence of the fact that the disputed domain name is being used in bad faith.<\/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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2022-11-09 00:00:00", "informal_english_translation": "
The Complainant is the owner of the trademark BOURSORAMA, European registration No. 001758614, registered on 19 October 2001, for goods and services in classes 9, 16, 35, 36, 38, 41 and 42.<\/p>\n
The Complainant also owns a number of domain names containing the trademark BOURSORAMA, such as <boursorama.com>, registered on 1 March 1998, and <boursoramabanque.com>, registered on 26 May 2005.<\/p>", "decision_domains": { "boursorama-portail.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }