{ "case_number": "CAC-UDRP-104987", "time_of_filling": "2022-11-14 09:50:19", "domain_names": [ "boursoramclients.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BOURSORAMA SA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "marivie guinto (marivieguinto@yahoo.com)" ], "respondent_representative": null, "factual_background": "

The Complainant grows in Europe with the emergence of e-commerce and the continuous expansion of the range of financial products online.                <\/p>\n

Pioneer and leader in its three core businesses, online brokerage, financial information on the Internet and online banking, Complainant based its growth on innovation, commitment and transparency.<\/p>\n

In France, Complainant is the online banking reference with over 4.3 million customers. The portal www.boursorama.com<\/u> is the first national financial and economic information site and first French online banking platform.<\/p>\n

The Complainant is the owner of the European trademark BOURSORAMA also owns a number of domain names comprising the wording BOURSORAMA, such as the domain name <boursorama.com>, registered since March 1, 1998.<\/p>\n

The disputed domain name was registered on November 9, 2022 and resolves to a login page copying the Complainant’s official customer access https:\/\/clients.boursorama.com\/connexion\/.<\/p>\n

The Complainant states that the disputed domain name is confusingly similar to its trademark BOURSORAMA and its domain names associated.                     <\/p>\n

The addition of the generic term “CLIENTS” and the deletion of the ending “A” are not sufficient to escape the finding that the domain name is confusingly similar to the trademark BOURSORAMA. It does not change the overall impression of the designation as being connected to the Complainant’s trademark BOURSORAMA. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark. <\/p>\n

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. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated. <\/p>\n

The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name.  <\/p>\n

The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant further contends 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.<\/p>\n

Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOURSORAMA, or apply for registration of the disputed domain name.<\/p>\n

Moreover, the disputed domain name resolves to a login page copying the Complainant’s official customer access https:\/\/clients.boursorama.com\/connexion\/<\/a>. This page could be used in the view of Complainant in order to collect personal information of the Complainant’s clients.<\/p>\n

Thus, the Respondent’s website cannot be considered as a bona fide offering of services or fair use, since the website can mislead the consumers into believing that they are accessing the Complainant’s website.<\/p>\n

The disputed domain name includes in the view of Complainant the well-known and distinctive trademark BOURSORAMA.<\/i><\/p>\n

Besides, the disputed domain name resolves to a login page copying the Complainant’s official customer access https:\/\/clients.boursorama.com\/connexion\/<\/a>.<\/p>\n

Thus, the Complainant contends that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark.<\/p>\n

The website does not contain any information about the Respondent. Therefore, the Complainant argues that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his websites (par. 4(b)(iv) of the Policy). Besides, the Respondent can collect personal information through this website, namely passwords.<\/p>\n

On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n

<\/p>\n

<\/p>\n

<\/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": [ "Jan Schnedler" ], "date_of_panel_decision": "2022-12-08 00:00:00", "informal_english_translation": "

The Complainant is the owner of the European trademark BOURSORAMA n°001758614 registered since October 19, 2001.<\/p>\n

The Complainant also owns a number of domain names comprising the distinctive wording BOURSORAMA, such as the domain name <boursorama.com>, registered since March 1, 1998.<\/p>", "decision_domains": { "boursoramclients.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }