The Complainant, founded in 1995, is the online banking reference in France with over 4.7 million, including conducting business under the BOURSORAMA brand.<\/p>\n
The Complainant’s 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 terms \" BOURSO” and “BOUSRORAMA“ at least since 2000.<\/p>\n
The disputed domain names <bienvenuegroupebourso.com> and <<\/span>dedicatedsupportbourso.com> were registered on March 22, 2023, by Respondent Ryad Hadjeb based in France and both resolve to pages with text stating “Forbidden. You don’t have permission to access this resource”.<\/p>\n According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the disputed domain names, and he is not related in any way to the Complainant’s business.<\/p>\n The Registrar of the disputed domain names 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>",
"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 First element: Confusingly similar to the protected mark <\/strong><\/p>\n The Complainant states that the disputed domain names <bienvenuegroupebourso.com> and <<\/span>dedicatedsupportbourso.com> are confusingly similar to its trademark “BOURSO”.<\/p>\n The Complainant asserts that the addition of the respective terms “bienvenuegroupe” (meaning “welcome group“ in English) and “dedicated support“ does not change the overall impression of the designation as being connected to the Complainant’s trademark BOURSO. Furthermore, the addition of those terms does not prevent the likelihood of confusion between the disputed domain names and the Complainant its trademark and domain names associated.<\/p>\n Finally, Complainant contends that its rights in the denomination BOURSO have been recognized by previous panels in at least three prior decisions under the Uniform Domain Name Dispute Resolution Policy (the “Policy“).<\/p>\n Second element: Rights or legitimate interest<\/strong><\/p>\n The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain names 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 names. 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 either of the disputed domain names.<\/p>\n The Complainant asserts that the Respondent is not affiliated with nor authorized in any way 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 to apply for registration of the domain names incorporating it.<\/p>\n The Complainant indicates that the disputed domain names resolve to a “forbidden” page not in active use which indicates that the disputed domain names are not in use nor is there any evidence of a demonstrable plan to use the disputed domain names. <\/p>\n Third element: The domain name has been registered and is being used in bad faith<\/strong><\/p>\n The Complainant states that the disputed domain names are confusingly similar to its distinctive trademark BOURSO. Complainant assert that the status of its BOURSO<\/span> trademark has been affirmed by a prior decision in which the panel held “As discussed above, Complainant’s BOURSO mark is well established” (see WIPO Case No. D2022-4646<\/a> Boursorama S.A. v Ibraci Links SAS)<\/p>\n According to the Complainant, the addition of generic terms in the disputed domain names related to customer support cannot be coincidental, and as such may create confusion in the minds of Complainant’s customers.<\/p>\n Complainant contends that it is reasonable to infer that the Respondent – who is also French - registered and use the disputed domain names with full knowledge of the Complainant's trademarks.<\/p>\n Finally, the Complainant claims that the lack of active use of the disputed domain names is evidence of bad faith, because it is not possible to conceive of any plausible active purpose thereof that would not be infringing on Complainant’s rights. <\/p>\n For these reasons, the Complainant concludes that the Respondent has registered and is using the disputed domain names in bad faith.<\/p>\n NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/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": [
"Claire Kowarsky"
],
"date_of_panel_decision": "2023-04-30 00:00:00",
"informal_english_translation": " The Complainant is the owner of the French trademark “BOURSO”, no. 3009973 registered since July 28, 2000 in classes 9, 35, 36, 38, 41 & 42.<\/p>\n In addition, the Complainant owns domain names comprising of or including the term “BOURSO” such as <bourso.com> registered since January 11, 2000.<\/p>",
"decision_domains": {
"bienvenuegroupebourso.com": "TRANSFERRED",
"dedicatedsupportbourso.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}