Complainant states that it is a “[p]ioneer and leader in its three core businesses, online brokerage, financial information on the Internet and online banking”; that it has 4 million customers of its online banking business; and that it uses the domain name <boursorama.com> (registered March 1, 1998).<\/p>\n
<\/p>\n
The Disputed Domain Name was created on October 15, 2022, and is inactive.<\/p>\n
<\/p>\n
Complainant contends, in relevant part, as follows:<\/p>\n
<\/p>\n
Paragraph 4(a)(i): Complainant states that the Disputed Domain Names is confusingly similar to the BOURSORAMA Trademark because, inter alia, “the addition of letters ‘BNK’ (in reference of ‘BANK’) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BOURSORAMA.”<\/p>\n
<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “Respondent is not identified in the Whois database as the disputed domain name”; “Respondent is not affiliated with nor authorized by the Complainant in any way”; inactive use of the Disputed Domain Name shows that “Respondent did not make any use of disputed domain name since its registration, and it confirms that Respondent has no demonstrable plan to use the disputed domain name.”<\/p>\n
<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith under the passive holding doctrine set forth in Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, because the BOURSORAMA Trademark is “well-known and distinctive” 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 that are pending or decided and that 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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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": [ "Douglas Isenberg" ], "date_of_panel_decision": "2022-11-21 00:00:00", "informal_english_translation": "
Complainant states, and provides evidence to support, that “is the owner of the European trademark BOURSORAMA® n°001758614 registered since 2001-10-19” (the “BOURSORAMA Trademark”).<\/p>", "decision_domains": { "boursoramabnk.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }