The Complainant 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. Pioneer and leader in its three core businesses: online brokerage, online financial information and online banking, Complainant based its growth on innovation, commitment and transparency. In France, Complainant is the online banking reference with more than 4,7 mil. customers.<\/p>\n
Both disputed domain names <bourso-fr.com> and <app-bourso.com> were registered on 18 February 2023 and are held by the Respondent.<\/p>\n
The disputed domain names websites (i.e. website available under internet address containing the disputed domain name) are currently inactive with restricted access - they are blocked as potentially phishing sites. According to evidence provided by the Complainant, they used to redirect to a website resembling Complainant's official site.<\/p>\n
The Complainant seeks transfer of the disputed domain names to the Complainant.<\/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 names.<\/p>", "no_response_filed": "
COMPLAINANT: <\/p>\n
CONFUSING SIMILARITY <\/p>\n
- Complainant's rights to Complainant’s trademark predate registration of the disputed domain names;<\/p>\n
- Disputed domain names incorporate Complainant’s trademark with some minor changes such as addition of a descriptive term \"FR\" (which stands for France) or \"APP\" (which means application) respectively; and<\/p>\n
- The Complainant refers to previous domain name decisions in this regard.
<\/p>\n
Thus, according to the Complainant, the confusing similarity between Complainant’s trademarks and the disputed domain names is clearly established.<\/p>\n
<\/p>\n
NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n
The Complainant states that:<\/p>\n
- The Respondent has not been commonly known by the disputed domain names;<\/p>\n
- The Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain names;<\/p>\n
- The disputed domain names had been used (at least for some time) to redirect to a website mimicking Complainant's official customer access website. Thus, the Respondent used the dispute domain names in a way that fails to confer rights and legitimate interests, as it is used for illegitimate (phishing) purposes;<\/p>\n
- To conclude, the disputed domain names were used for attracting internet users to services provided by the Respondent and this why it is free riding on reputation of the Complainant's trademark and its business;<\/p>\n
- The Complainant refers to previous domain name decisions in this regard.<\/p>\n
<\/p>\n
BAD FAITH REGISTRATION AND USE<\/p>\n
The Complainant states that:<\/p>\n
- Seniority of the Complainant's Trademark predates the disputed domain names registration;<\/p>\n
- The disputed domain names were used for attracting internet users to services, which are similar to those provided by Complainant, and therefore it is free riding on reputation of the Complainant's trademark and its business;<\/p>\n
- Respondent’s registration of the dispute domain names can be also classified as a “phishing”, a fraudulent practice of misleading internet users about origin of a particular website in order to induce individuals to reveal sensitive information, such as passwords or credit card numbers;<\/p>\n
- The Complainant refers to previous domain name decisions in this regard.<\/p>\n
<\/p>\n
RESPONDENT:<\/p>\n
The Respondent has not provided any response to the complaint.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Jiří Čermák" ], "date_of_panel_decision": "2023-04-06 00:00:00", "informal_english_translation": "
The Complainant is a registered owner of a following trademark containing a word element \"BOURSO”:<\/p>\n
(i) BOURSO (word), French national trademark, priority (filing) date 20 February 2000, trademark registration no. 3009973, registered for goods and services in the international classes 9, 35, 36, 38, 41, and 42;<\/p>\n
(referred to as \"Complainant's trademark\").<\/p>\n
Also, the Complainant is the owner of the domain name <boursorama.com>, registered since 1 March 1998.<\/p>", "decision_domains": { "app-bourso.com": "TRANSFERRED", "bourso-fr.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }