{ "case_number": "CAC-UDRP-105471", "time_of_filling": "2023-05-26 09:25:33", "domain_names": [ "securitebourso.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Frederique Sender" ], "respondent_representative": null, "factual_background": "

The Complainant’s core businesses are online brokerage, financial information on the Internet and online banking. In France it has over 4.9 million customers.<\/p>\n

The Complainant owns the trademark BOURSO, which predates the registration of the disputed domain name. The Complainant also owns the domain names <boursorama.com>, registered 1 March 1998, and <bourso.com>, registered 11 January 2000.<\/p>\n

The disputed domain name was registered on 22 May 2023. It resolves to an error page.<\/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

In summary, the Complainant asserts that the disputed domain name is confusingly similar to its trademark, BORSO. It asserts that the disputed domain name wholly incorporates its trademark and the addition of the generic term \"securite” is not sufficient to escape the disputed domain name being found confusingly similar its trademark.<\/p>\n

The Complainant also asserts that the Respondent has no rights or legitimate interests in the disputed domain name and states:<\/p>\n

    \n
  1. the Respondent is not known as the disputed domain name, is not affiliated with nor authorised by the Complainant in any way nor licensed to use its trademark BOURSO or to apply for registration of the disputed domain name;<\/li>\n
  2. the Complainant does not carry out any activity for nor has any business with the Respondent; and<\/li>\n
  3. the disputed domain name resolves to an error page and the Respondent does not use nor have demonstrable plans to use it.<\/li>\n<\/ol>\n

    The Complainant asserts that the disputed domain name was registered and used in bad faith and states:<\/p>\n

      \n
    1. the disputed domain name includes its well-known trademark BOURSO and given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant's trademarks, see WIPO Case No. D2004-0673, Ferrari S.p.A v. American Entertainment Group Inc; <\/em><\/li>\n
    2. the disputed domain name resolves to an error page and the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law;<\/li>\n
    3. previous panels have held that the mere registration of a domain name that is identical or confusingly similar to a well-known trademark by an unaffiliated entity may be sufficient to create a presumption of bad faith (WIPO Summary, version 3.0, section 3.1.4); and<\/li>\n
    4. the disputed domain name is not used or does not indicate any information about a development project and previous UDRP decisions have considered this \"passive holding\" as a bad faith use.<\/li>\n<\/ol>\n

      RESPONDENT:<\/p>\n

      No administratively compliant Response has been filed.<\/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": [ "Veronica Bailey" ], "date_of_panel_decision": "2023-06-22 00:00:00", "informal_english_translation": "

      The Complainant owns the French trademark BOURSO, registered number 3009973, which was registered on 22 February 2000 in classes 9, 35, 36, 38, 41 and 42.<\/p>", "decision_domains": { "securitebourso.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }