{ "case_number": "CAC-UDRP-105259", "time_of_filling": "2023-03-07 11:16:56", "domain_names": [ "mabanque-boursorama.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Karim Lahcen" ], "respondent_representative": null, "factual_background": "

The Complainant is a French company engaged in the business of online brokerage, financial information on the internet and online banking. Through its website at www.boursorama.com<\/span><\/a><\/span> <\/span><\/strong>it is the first national financial and economic information website and the first French online banking platform. It has owned the registered European trademark for BOURSORAMA registered number 001758614 since October 19, 2001. It also owns several domain names such as <boursorama.com> registered on March 1, 1998 and <boursorabanque.com> registered on May 26, 2005.<\/p>\n

The Respondent registered the disputed domain name <mabanque-boursorama.com> on March 1, 2023. The Complainant is concerned that the disputed domain name has been registered and that the Respondent has embodied in it the entirety of the BOURSORAMA mark even although it is not in use and resolves to an error page. This has obvious potential for improper use.<\/p>\n

Therefore, the Complainant has filed this Complaint to have the domain name transferred 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 name.<\/p>", "no_response_filed": "

<\/p>\n

A. COMPLAINANT<\/p>\n

The disputed domain name <mabanque-boursorama.com> is confusingly similar to the BOURSORAMA Trademark in which the Complainant has rights.<\/p>\n

The Respondent has added to the BOURSORAMA trademark by way of a prefix, the generic word “mabanque”, a French term meaning “my bank” in English, which gives the impression that the domain name is an official domain name of the Complainant that will lead to an official website of the Complainant , which is false. Indeed, the presence of that generic word strengthens the notion that the domain name is an official domain name of the Complainant.<\/p>\n

The gTLD “.com” is not taken into account in this exercise.<\/p>\n

The Complainant only has to establish a prima facie case on this issue and, if made out, the Respondent then has to rebut that case.<\/p>\n

The Respondent has no rights and legitimate interests in respect of the disputed domain name as the Respondent is not commonly known by the domain name, not affiliated with or authorised by the Complainant in any way and has no licence nor authorisation to use the Complainant’s trademark or register the disputed domain name. The Respondent has not used the domain name and has no demonstrable plan to use it.<\/p>\n

The disputed domain name was registered by and is being used by the Respondent in bad faith. That is because it includes the well-known and distinctive BOURSORAMA trademark, the Respondent must have known of the Complainant and its trademark, the domain resolves  to an error page and there is no plausible legitimate use that could be made of the domain name.<\/p>\n

<\/p>\n

B. RESPONDENT<\/p>\n

  Respondent did not file a Response in this proceeding.<\/p>\n

 <\/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": [ "Neil Brown" ], "date_of_panel_decision": "2023-04-12 00:00:00", "informal_english_translation": "

The Complainant has established that it has rights in the European trademark for BOURSORAMA registered on October 19, 2001 and by virtue of being registered as the owner of that trademark.<\/p>", "decision_domains": { "mabanque-boursorama.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }