{ "case_number": "CAC-UDRP-105149", "time_of_filling": "2023-01-26 10:33:24", "domain_names": [ "monespace-boursorama.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ibra Calle" ], "respondent_representative": null, "factual_background": "

The Complainant’s contentions can be summarized as follows:<\/p>\n

A.<\/strong> Background History<\/strong><\/p>\n

The Complainant is a pioneer and leader in three core businesses, namely online brokerage, financial information on the Internet and online banking. The Complainant is the online banking reference in France, providing services for over 4.3 million customers. The Complainant’s portal at <www.boursorama.com<\/a>> is the first national financial and economic information website and the first French online banking platform.<\/p>\n

In addition to the trade mark mentioned under section 'Identification of rights' above, the Complainant is the owner of numerous domain names, such as the domain name <boursorama.com> (registered in 1998) and <boursoramamabanque.com> (registered in 2005) (‘the Complainant’s domain names’).<\/p>\n

By way of relief, the Complainant seeks to obtain the ownership of the disputed domain name <monospace-boursorama.com> on the grounds advanced in section B below.<\/p>\n

B. <\/strong>Legal Grounds <\/strong><\/p>\n

I. <\/strong>The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant avers that the disputed domain name is confusingly similar to the Complainant’s trade mark BOURSORAMA and the Complainant’s domain names. The addition of the French language generic term “monespace” is insufficient to escape the finding of confusingly similar to the Complainant’s trade mark BOURSORAMA.<\/p>\n

Moreover, the Complainant contends that the generic Top-Level Domain (gTLD<\/em><\/strong>) suffix <.com> does not change the overall impression of the designation being connected to the Complainant’s trade mark BOURSORAMA. Hence, the gTLD does not prevent the likelihood of confusion between the disputed domain name and both the Complainant’s trade mark BOURSORAMA and the Complainant’s domain names.<\/p>\n

II. <\/strong>The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent has no rights in the disputed domain name, and that the Respondent is not affiliated with, nor authorised by, the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with, the Respondent. The Respondent has not been authorised or licensed by the Complainant to make any use of the Complainant’s trade mark BOURSORAMA nor to apply for registration of the disputed domain name by the Complainant.<\/p>\n

The Complainant further asserts that the Respondent is not known by the disputed domain name, and that the disputed domain name does not resolve to an active website. The Complainant contends on this point that the Respondent has not made any use of the disputed domain name since its registration, which confirms that the Respondent has no demonstrable plan to use the disputed domain name.<\/p>\n

In view of the above factors, the Complainant argues that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n

III. <\/strong>The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The Complainant states that the disputed domain name incorporates the well-known and distinctive trade mark BOURSORAMA. Furthermore, the additional generic terms “mon espace” to the trade mark BOURSORAMA cannot be coincidental, insofar as it refers to the Complainant’s online customer access.<\/p>\n

Lastly, the disputed domain name resolves to an inactive website. In this regard, the Complainant states that the Respondent has not demonstrated any activity in respect of the disputed domain name, that it is not possible to conceive any plausible actual or contemplated use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trade mark law.<\/p>\n

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

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <monespace-boursorama.com> (‘the disputed domain name’).<\/p>", "no_response_filed": "

The Respondent has failed to serve a Response in this administrative proceeding, the result of which being that the above referenced Complainant’s allegations are uncontested. <\/span><\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP 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": [ "Yana Zhou" ], "date_of_panel_decision": "2023-02-26 00:00:00", "informal_english_translation": "

The Complainant relies upon the following registered trade mark:<\/p>\n