The Complainant is the online banking reference with over 4,7 million customers in France.<\/p>\n
The Complainant contends that the portal www.boursorama.com is the first French national financial and economic information site and first French online banking platform. <\/p>\n
The Complainant is the owner of several trademarks and domain names, including the term \"BOURSO” at least since the year 2000.<\/p>\n
The disputed domain name <bours-gestion.com> (hereinafter, the “Disputed Domain Name”) was registered on December 28, 2022, by Kevin Sandler based in France and it currently resolves to a parking page. In this vein, Complainant states that it was used for phishing activity<\/p>\n
According 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.<\/p>\n
The Registrar of the Disputed Domain Name confirmed that the Respondent is the current Registrant, and that English is the language of the registration agreement.<\/p>\n
The facts asserted by the Complaint are not contested by the Respondent.<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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
First element: Confusingly similar to the protected mark<\/p>\n
The Complainant states that the Disputed Domain Name is confusingly similar to its trademark “BOURSO” and the domain name associated therewith.<\/p>\n
The Complainant asserts that the omission of the letter “O” in the trademark “BOURSO” for the Disputed Domain Name and the addition of the French term “GESTION” (which means Management in English) are not sufficient to escape the finding that the Disputed Domain Name is similar to the trademark “BOURSO®”<\/p>\n
Second element: Rights or legitimate interest<\/p>\n
The 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.<\/p>\n
The 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.<\/p>\n
The Complainant asserts that the Respondent is not affiliated with him nor authorized by him in anyway to use the trademark BOURSO. 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 BOURSO or apply for registration of the Disputed Domain Name.<\/p>\n
The Complainant indicates that the Disputed Domain Name points to a parking page, however, said Disputed Domain Name was used for phishing activity which cannot be a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/p>\n
Third element: The Disputed Domain Name has been registered and is being used in bad faith<\/p>\n
The Complainant states that the Disputed Domain Name has been registered for phishing activities. In this sense, the Complainant indicates that registering a domain name for purposes of phishing is bad faith and registration and use within the Uniform Domain Name Dispute Resolution Policy (hereinafter, “the Policy”).<\/p>\n
The Complainant indicates that Respondent was fully aware of the Complainant’s mark when Respondent registered the Disputed Domain Name and that Respondent has registered and is using the Disputed Domain Name in bad faith for obtaining sensitive information by impersonating the Complainant.<\/p>\n
RESPONDENT<\/p>\n
Respondent did not reply to the Complaint.<\/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": [ "Victor Garcia Padilla" ], "date_of_panel_decision": "2023-03-31 00:00:00", "informal_english_translation": "
The Complainant is the owner of the French trademark “BOURSO”, no. 3009973 registered since July 28,2000 at classes 9, 35, 36, 38, 41 & 42.<\/p>\n
In addition, the Complainant owns domain names with the terms “BOURSO” & “BOURSORAMA”, such as i) <boursorama.com> created since March 1st, 1998 and ii) <bourso.com> created since January 11, 2000.<\/p>", "decision_domains": { "bours-gestion.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }