According to the information provided Complainant is a financial services company, including online brokerage, financial information on the Internet and online banking. Complainant owns a number of domain names which include the distinctive wording Boursorama, such as the domain name <boursorama.com>, registered since 1998 and <bourso.com>, registered since 2000.<\/p>\n
The disputed domain name <boursosupport.com> was registered on 2 November 2022. The disputed domain name currently does not resolve to an active website. <\/p>\n
The trademark registration of Complainant has been issued prior to the registration of the disputed domain name.<\/p>\n
According to Complainant the disputed domain name is confusingly similar to Complainant’s trademark as it contains the trademark BOURSO in its entirety. The addition of term “support” to the trademark BOURSO is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark.<\/p>\n
According to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Complainant contends that Respondent is not affiliated with nor authorized by Complainant in any way. Complainant does not carry out any activity for, nor has any business with Respondent. Neither license nor authorization has been granted to Respondent to make any use of Complainant’s trademark, or apply for registration of the disputed domain name. Furthermore, the disputed domain name is inactive. Complainant contends 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. It demonstrates a lack of legitimate interests in respect of the disputed domain name except in order to create a likelihood of confusion with Complainant and its trademark.<\/p>\n
According to Complainant the disputed domain name is registered and is being used in bad faith. Complainant asserts that its trademark BOURSO was already known at the time of the registration of the disputed domain name. Complainant is doing business in more than 80 countries worldwide and is listed at the Euronext Paris stock exchange. Besides, the addition of the term “support” to the trademark BOURSO cannot be coincidental, as it might refer to Complainant’s customer service.
Finally, according to Complainant 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 Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of Complainant’s rights under trademark law. Complainant submits 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.<\/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": "
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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
Complainant has, to the satisfaction of the Panel, shown 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": "
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": [ "Dinant T.L. Oosterbaan" ], "date_of_panel_decision": "2022-12-02 00:00:00", "informal_english_translation": "
According to the evidence submitted by Complainant, Complainant is the owner of the French trademark BOURSO, with number 3009973 and a filing date of 22 February 2000.<\/p>", "decision_domains": { "boursosupport.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }