{ "case_number": "CAC-UDRP-104277", "time_of_filling": "2022-01-21 09:42:35", "domain_names": [ "boursoramabanquefrance.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BOURSORAMA SA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Lucie Dupont" ], "respondent_representative": null, "factual_background": "The Complainant, founded in 1995, is the online banking reference with over 3 million customers in France. \r\n\r\nThe Complainant contends that the portal www.boursorama.com is the first French national financial and economic information site and the first French online banking platform. \r\n\r\nThe Complainant is the owner of several trademarks and domain names, including the term \" BOURSORAMA®” at least since 2001. \r\n\r\nThe disputed domain name was registered on January 16t, 2022, by Lucie Dupont based in France and it resolves to a parking page with commercial links.\r\n\r\nAccording to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the disputed domain name, and he is not related in any way to the Complainant’s business.\r\n\r\nThe Registrar of the disputed domain name confirmed that the Respondent is the current Registrant, and that English is the language of the registration agreement. \r\n\r\nThe facts asserted by the Complaint are not contested by the Respondent. \r\n", "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.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nFirst element: Confusingly similar to the protected mark \r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark “BOURSORAMA®” and the domain names associated therewith.\r\n\r\nThe Complainant asserts that the addition of the terms “BANQUE” and “FRANCE” does not change the overall impression of the designation as being connected to the Complainant’s trademark BOURSORAMA®. Furthermore, the addition of those terms does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and domain names associated. \r\n\r\nSecond element: Rights or legitimate interest\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and that he is not related in any way to the Complainant’s business.\r\n\r\nThe Complainant indicates that the Respondent is not identified in the Whois database as the disputed domain name. In accordance with Complainant’s allegations, 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, Complainant argues that the Respondent is not known as the disputed domain name.\r\n\r\nThe Complainant asserts that the Respondent is not affiliated with him nor authorized by him in anyway to use the trademark BOURSORAMA®. 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 apply for registration of the disputed domain name .\r\n\r\nThe Complainant indicates that the disputed domain name resolves to a parking page with commercial links and past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\nThird element: The domain name has been registered and is being used in bad faith\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark “BOURSORAMA®” and the domain names associated therewith. \r\n\r\nThe Complainant indicates that all of the results of a search of the terms “BOURSORAMA”, “BANQUE”, FRANCE” refers to the Complainant. Furthermore, the Complainant has presented several successful UDRP decisions involving the trademark “BOURSORAMA®”.\r\n\r\nTherefore, Complainant contends that the Respondent has registered and uses the disputed domain name with full knowledge of the Complainant's trademark. \r\n\r\nFinally, the Complainant indicates that the disputed domain name resolves to a parking page with commercial links. In this sense, Complainant contents that Respondent attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is evidence of bad faith. \r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\nRESPONDENT:\r\n\r\nRespondent did not reply to the Complaint.\r\n", "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).", "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).", "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).", "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.", "decision": "Accepted", "panelists": [ "Victor Hugo Garcia Padilla, LL.M." ], "date_of_panel_decision": "2022-02-21 00:00:00", "informal_english_translation": "The Complainant is the owner of the European trademark “BOURSORAMA®”, no. 1758614 registered since October 19, 2001 at classes 9, 16, 35, 36, 38, 41 & 42. \r\n\r\nIn addition, the Complainant owns domain names with the term “ BOURSORAMA®”, such as i) created since 28.02.1998 and ii) created since May 25,2005 \r\n", "decision_domains": { "BOURSORAMABANQUEFRANCE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }