The Complainant was one of the first online financial platforms in Europe. It grew with the emergence of e-commerce and the continued expansion of the range of financial products offered online. The Complainant's three core business areas are: online brokerage, financial information and online banking. The Complainant has more than 4.7 million customers in France and is a leading provider of online banking services.<\/p>\n
The disputed domain names <bienvenueprofilsbourso.com>, <conseildesprofilsbourso.com>, <devenirprofilsbourso.com> and <etablissementgroupebourso.com> were registered by the Respondent on 10 and 11 April 2023. At the time of the Amended Complaint, the disputed domain names resolved to error pages; as at the date of this decision, they connect to the homepage of Interac, a digital payment company based in Canada. <\/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": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/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 trade mark 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 Amended Complaint relates to four different disputed domain names registered by the same Respondent. The Panel considers it appropriate for the disputed domain names to be dealt with in a single UDRP proceeding. In determining this issue, the Panel respectfully adopts the reasoning of other Panels in relation to consolidation requests: paragraph 4(f) of the Policy provides that “[i]n the event of multiple disputes between [a respondent] and a complainant, either [the respondent] or the complainant may petition to consolidate the disputes before a single Administrative Panel….” This is permissible where it “promotes the shared interests of the parties in avoiding unnecessary duplication of time, effort and expense, reduces the potential for conflicting or inconsistent results arising from multiple proceedings, and generally furthers the fundamental objectives of the Policy.” (See, for example, WIPO Case No D2009-0985, MLB Advanced Media, The Phillies, Padres LP -v- OreNet, Inc). Furthermore, paragraph 3(c) of the Rules provides that “[t]he complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder.”<\/p>\n
In view of the fact that the disputed domain names all incorporate the name element BOURSO, were registered within two days of each other, and are held by the same Respondent, the Panel finds that it would be fair and equitable, as well as procedurally efficient, to permit the consolidation of the disputed domain names into this single case.<\/p>\n
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": [ "Gregor Kleinknecht LLM MCIArb" ], "date_of_panel_decision": "2023-05-25 00:00:00", "informal_english_translation": "
The Complainant owns several trade marks including the names BOURSO and BOURSORAMA, including the French national trade mark BOURSO, registration number 3009973, first registered on 22 February 2000 in international classes 9, 35, 36, 38, 41 and 42; and the European trade mark BOURSORAMA, registration number 1758614, first registered on 19 October 2001 in international classes 9, 16, 35, 36, 38, 41 and 42. The Complainant's trade mark registrations predate the registration of the disputed domain names.<\/p>\n
Furthermore, the Complainant owns multiple domain names consisting of the names BOURSO and BOURSORAMA, including <bourso.com> and <boursorama.com, which connect to the Complainant's official website through which it informs Internet users and customers about its products and services.<\/p>", "decision_domains": { "bienvenueprofilsbourso.com": "TRANSFERRED", "conseildesprofilsbourso.com": "TRANSFERRED", "devenirprofilsbourso.com": "TRANSFERRED", "etablissementgroupebourso.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }