{ "case_number": "CAC-UDRP-105205", "time_of_filling": "2023-02-16 10:06:26", "domain_names": [ "boursobk.online" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOURSORAMA SA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Julien Cigan" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/span>

The Complainant points out that it is a company, founded in 1995, in the field of online brokerage, financial information on the Internet and online banking.<\/span><\/span>

The Complainant states that, in France, it has over 4,7 million customers as regards online banking and that its portal is the first national financial and economic information website and the first French online banking platform.<\/span><\/span>

The Complainant submits that is the owner of the registered trademark BOURSO.<\/span><\/span>

The Complainant underlines that it owns a number of domain names, including the domain name <boursorama.com>, registered since March 1, 1998, and <bourso.com>, registered since January 11, 2000.<\/span><\/span>

The Complainant notes that the disputed domain name was registered on February 12, 2023.<\/span><\/span>

The Complainant observes that the disputed domain name redirects to a website offering financial services such as personal loans and displaying the Complainant’s trademark.<\/span><\/span>

The Complainant considers that the disputed domain name is confusingly similar to its trademark BOURSO because it includes in its entirety the trademark, and the addition of the letters “BK” (which are a common abbreviation for the term “BANK”) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BOURSO. The Complainant adds that the addition of that abbreviation increases the likelihood of confusion between the disputed domain name and the Complainant's trademark because it refers to the Complainant’s activities.<\/span><\/span>

The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name.<\/span><\/span><\/p>\n

The Complainant contends that the addition of the top-level domain “ONLINE” does not change the overall impression of the designation as being connected to the Complainant’s trademark.<\/span><\/span><\/p>\n

The Complainant states that the Respondent is not known by the Complainant. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant underlines that it does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

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

The Complainant submits that the website in relation with the disputed domain name offers financial services, particularly personal loans, which are highly similar to the services provided by the Complainant.<\/p>\n

The Complainant considers that the disputed domain name is confusingly similar to the Complainant's trademark BOURSO, and that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.<\/p>\n

The Complainant points out that the Respondent choose to associate the term “BOURSO” with the addition of the letters “BK”, abbreviation of “BANK”, and the disputed domain name redirects to a website providing financial services such as professional loans under the name BOURSORAMA, which are highly similar to the services offered by the Complainant and the services covered by its trademarks.<\/p>\n

The Complainant considers that, by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the Respondent’s website or location.<\/p>\n

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 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´s contentions are summarised above.<\/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": [ "Michele Antonini" ], "date_of_panel_decision": "2023-03-22 00:00:00", "informal_english_translation": "

The Complainant is the registrant of the French trademark registration No. 3009973 “BOURSO\", registered on July 28, 2000, for goods and services in classes 9, 35, 36, 38, 41 and 42.<\/span>

The disputed domain name was registered by the Respondent on February 12, 2023.<\/span><\/p>", "decision_domains": { "boursobk.online": "TRANSFERRED" }, "panelist": null, "panellists_text": null }