FACTS ASSERTED BY COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant, BOURSORAMA SA, was founded in 1995 and grows in Europe with the emergence of e-commerce and the continuous expansion of the range of financial products online. The Complainant is a pioneer and leader in its three core businesses, online brokerage, financial information on the Internet and online banking. In France, the Complainant is the online banking reference with over 2 million customers. The portal www.boursorama.com is the first national financial and economic information site and first French online banking platform. <\/p>\n
The Complainant also owns a number of domain names such as <boursorama.com> registered on March 1, 1998, <brsimg.com>, <brsourama.com>, <brsp.app>, etc. <\/p>\n
The disputed domain name was registered on December 26, 2022. The disputed domain name redirects to a parking page. The disputed domain name was used by the Respondent to impersonate the Complainant for the purpose of attempted consumer fraud by emails.<\/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
i) The Complainant has rights in the mark BOURSORAMA (EUIPO trademark registration number 1758614 registered on October 19, 2001). The disputed domain name is confusingly similar to the Complainant’s trademark BOURSORAMA because it incorporates four letters of the BOURSORAMA trademark (e<\/em>., 'BSMA') as the respective initial elements by merely adding a descriptive term “clients” referring to the Complainant’s customers. <\/p>\n ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not commonly known by the disputed domain name. The Complainant is not related in any way with the Respondent. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOURSORAMA, or to apply for registration of the disputed domain name. The disputed domain name resolves to a parking page. However, the disputed domain name has been registered for phishing scheme which cannot be a bona fide<\/em> or legitimate purpose. <\/p>\n iii) The Respondent has registered and is using the disputed domain name in bad faith. Given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark. It is likely that the main purpose of the Respondent was to use the disputed domain name for “phishing” financial information in an attempt to defraud the Complainant’s customers for commercial gain.<\/p>\n RESPONDENT:<\/p>\n The Respondent did not submit a Response.<\/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": [
"Mr. Ho-Hyun Nahm Esq."
],
"date_of_panel_decision": "2023-02-09 00:00:00",
"informal_english_translation": " The Complainant is the owner of EUIPO trademark registration number 1758614 for the BOURSORAMA mark registered on October 19, 2001.<\/p>",
"decision_domains": {
"bsma-clients.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}