FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
Founded in 1995, BOURSORAMA S.A., the Complainant, was one of the very first online financial platforms in Europe. It grew into a market leader in its three core businesses: online brokerage, financial information on the Internet and online banking. Today in France, BOURSORAMA is a leading online banking provider and its portal at www.boursorama.com has millions of customers.<\/p>\n
The disputed domain name <securiteboursorama.site> was registered on 21 December 2022 by Anna Sorok of Ottawa, Canada. The disputed domain was and remains inactive.<\/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:<\/p>\n
The Complainant alleges that the disputed domain name is confusingly similar to its trademark BOURSORAMA and that the disputed domain name includes the Complainant’s BOURSORAMA trademark in its entirety. It says the additional word elements do not add anything or change the overall impression. It says it is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP. It also relies on previous decisions in its favour such as the CAC Case No. 101131, BOURSORAMA v. PD Host Inc - Ken Thomas and WIPO Case No. D2017-1463, Boursorama SA v. Estrade Nicolas. The Complainant further asserts that the Respondent is not commonly known by the disputed domain name and was neither licensed nor otherwise authorized by the Complainant to use its trademarks. Further, the disputed domain name is not used in relation to any website and the Respondent has not made any use of the disputed domain name. No evidence has been produced by the Respondent at all and none as to any demonstrable plan to use the disputed domain name. Therefore, the Respondent does not have any rights or legitimate interests in the disputed domain name. As to bad faith, the Complainant says its trademarks are well known and it is therefore reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's name and marks.<\/p>\n
RESPONDENT:<\/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": "
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": [ "Victoria McEvedy" ], "date_of_panel_decision": "2023-02-02 00:00:00", "informal_english_translation": "
The Complainant relies on its various registered marks including its EUTM no. 001758614 for the word mark BOURSORAMA registered on 19 October 2001 in classes 9, 16, 35, 36, 38, 41 and 42. It also has various subsequent national registered marks in France. It also relies on its use online of its related domain names, including <boursorama.com> registered in 1998.<\/p>", "decision_domains": { "securite-boursorama.site": "TRANSFERRED" }, "panelist": null, "panellists_text": null }