{ "case_number": "CAC-UDRP-105521", "time_of_filling": "2023-06-13 09:58:52", "domain_names": [ "espace-clients-boursorama-banque.com", "redirectbourso.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "fg gfgs" ], "respondent_representative": null, "factual_background": "

The Complainant grows in Europe with the emergence of e-commerce and the continuous expansion of the range of financial products online.
<\/span>
Pioneer and leader in its three core businesses, online brokerage, financial information on the Internet and online banking, <\/span>the Complainant based its growth on innovation, commitment and transparency.

In France, <\/span>the Complainant is the online banking reference with over 4,9 million customers. <\/span>According to the Complainant, the portal www.boursorama.com is the first national financial and economic information site and first French online banking platform. 

The Complainant is the owner of BOURSORAMA and BOURSO trademarks. 

The Complainant also owns a number of domain names, including <boursorama.com>, registered since 01.03.1998, <bourso.com>, registered since 11.01.2000, and <boursoramabanque.com>, registered since 26.05.2005.<\/span> <\/span><\/p>\n

Both disputed domain names were registered on 08.06.2023. The disputed domain name <espace-clients-boursorama-banque.com> resolved at the time when the Complaint was filed to a login page which appears to copy the Complainant’s official customer access website <https:\/\/clients.boursorama.com\/connexion\/<\/a>, while the disputed domain name <redirectbourso.com> appear to have redirected at the time when the Complaint was filed to <espace-clients-boursorama-banque.com> which at its turn resolved to a login page as mentioned above. <\/span><\/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": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n

The Complainant's contentions are the following:<\/p>\n

The Complainant first <\/span>states that both <\/span>disputed domain names <\/span>are confusingly similar to its trademarks BOURSORAMA and BOURSO and its associated domain names, as both <\/span>include its trademarks <\/span>in their entirety. <\/p>\n

The Complainant asserts that the addition of the generic terms \"ESPACE\" (meaning “AREA” in English<\/span>), \"CLIENTS” (meaning “CUSTOMERS” in English<\/span>), “BANQUE” (meaning “BANK” in English<\/span>), and \"REDIRECT\" is not sufficient to escape the finding that the disputed domain names are confusingly similar to the trademarks BOURSORAMA and BOURSO.<\/p>\n

For the term “BANQUE”, in the Complainant’s view, <\/span>the<\/span> addition worsens the likelihood of confusion, as it directly refers to the Complainant’s trademark BOURSORAMA BANQUE and its domain name <boursoramabanque.com>.<\/p>\n

Moreover, the Complainant contends that the addition of the suffix “.COM” does not change the overall impression of the designations as being connected to the trademarks BOURSORAMA and BOURSO.<\/p>\n

Secondly, the Complainant contends that t<\/span>he Respondent has no rights or legitimate interests in respect of the disputed<\/span>domain names.<\/span><\/p>\n

The Complainant asserts in this sense <\/span>that,<\/span> the Respondent is not known as the disputed domain names and moreover that the R<\/span>espondent is not known by the Complainant.<\/p>\n

The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way and that t<\/span>he Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks BOURSORAMA and BOURSO, or apply for registration of the disputed domain names.<\/p>\n

The Complainant further contends that the <\/span>disputed domain name <espace-clients-boursorama-banque.com> resolves to login page copying the Complainant’s official customer access website <https:\/\/clients.boursorama.com\/connexion\/<\/a>><\/span> and the domain name <redirectbourso.com> redirects to <espace-clients-boursorama-banque.com>. The Complainant asserts that t<\/span>his page could be used in order to collect personal information of the Complainant’s clients. Thus, the Complainant contends that <\/span>the Respondent’s website cannot be considered as a bona fide offering of services or fair use, since the website can mislead the consumers into believing that they are accessing the Complainant’s website.<\/p>\n

Thirdly, the Complainant contends that the disputed <\/span>domain names were registered and are being used in bad faith.<\/p>\n

To this end, the Complainant asserts that w<\/span>ith its 4,9 million customers, BOURSORAMA is the French online banking reference and that t<\/span>he disputed domain names include the well-known and distinctive trademarks BOURSORAMA and BOURSO. <\/span><\/p>\n

T<\/span>he Complainant asserts <\/span>that the Respondent has registered the disputed <\/span>domain names with full knowledge of the Complainant's trademarks.<\/p>\n

The Complainant underlines that the <\/span>domain name <espace-clients-boursorama-banque.com> resolves to login page copying the Complainant’s official customer access <https:\/\/clients.boursorama.com\/connexion\/<\/a>>, and<\/span> the domain name <redirectbourso.com> redirects to <espace-clients-boursorama-banque.com> and that t<\/span>his website does not contain any information about the Respondent. Therefore, in the Complainant’s view,<\/span> the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website. In addition, the Complainant underlines that <\/span>the Respondent can collect personal information through this website, namely passwords.<\/p>\n

On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain names in bad faith.<\/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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2023-07-19 00:00:00", "informal_english_translation": "

The Complainant bases his<\/span> Complaint on the following trademarks:<\/span><\/p>\n