{ "case_number": "CAC-UDRP-105572", "time_of_filling": "2023-06-27 09:59:36", "domain_names": [ "bourso-contact.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA " ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Marie Kauffman" ], "respondent_representative": null, "factual_background": "

A. Complainant's Factual Allegations<\/strong><\/p>\n

The Complainant’s contentions can be summarised as follows:<\/p>\n

The Complainant is a pioneer and leader in three core businesses, namely online brokerage, financial information on the Internet and online banking. The Complainant is the online banking reference in France, providing services for over 4.9 million customers. The Complainant’s portal at <www.boursorama.com<\/a>> is the first national financial and economic information website and the first French online banking platform.<\/p>\n

In addition to the trade mark mentioned above, the Complainant is the owner of numerous domain names, such as the domain name <boursorama.com> (registered in 1998)  and <bourso.com> (registered in 2000) (‘the Complainant’s domain names’).<\/p>\n

B. Respondent's Factual Allegations<\/strong><\/p>\n

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The Respondent has failed to serve a Response in this UDRP administrative proceeding, the result of which being that the Complainant’s factual allegations are uncontested.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <bourso-contact.com> (‘the disputed domain name’).<\/p>", "no_response_filed": "

A. Complainant's Submissions<\/strong><\/p>\n

The Complainant’s submissions can be summarised as follows:<\/p>\n

I. The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant avers that the disputed domain name is confusingly similar to the Complainant’s trade mark BOURSO and the Complainant’s domain names. The addition of the generic term ‘contact’ is insufficient to escape the finding of confusingly similar to the Complainant’s trade mark BOURSO.<\/p>\n

Moreover, the Complainant contends that the generic Top-Level Domain (gTLD<\/em><\/strong>) suffix <.com> does not change the overall impression of the designation as being connected to the Complainant’s trade mark BOURSO. Hence, the gTLD does not prevent the likelihood of confusion between the disputed domain name and both the Complainant’s trade mark BOURSO and the Complainant’s domain names.<\/p>\n

II. The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent has no rights in the disputed domain name, and that the Respondent is not affiliated with, nor authorised by, the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with, the Respondent. The Respondent has not been authorised or licensed by the Complainant to make any use of the Complainant’s trade mark BOURSO, or to apply for registration of the disputed domain name on the Complainant's behalf.<\/p>\n

The Complainant further asserts that the Respondent is not known by the disputed domain name, and that the Respondent’s PPC website is neither bona fide nor legitimate non-commercial or fair use.<\/p>\n

In view of the above factors, the Complainant argues that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n

III. The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

Registration<\/strong><\/p>\n

The Complainant avers that the disputed domain name incorporates the well-known and distinctive trade mark BOURSO.<\/p>\n

The Complainant further avers that, given the distinctiveness and reputation of the trade mark BOURSO, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant’s trade mark BOURSO.<\/p>\n

Use<\/strong><\/p>\n

The Complainant asserts that the Respondent has intentionally used the disputed domain name to attract, for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website (paragraph 4(b)(iv) of the UDRP Policy).<\/p>\n

Furthermore, the disputed domain name has been set up with MX records, a factor which indicates that the disputed domain name may be actively used for email purposes.<\/p>\n

The Complainant therefore concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP 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": [ "Gustavo Moser" ], "date_of_panel_decision": "2023-07-20 00:00:00", "informal_english_translation": "

The Complainant relies upon the following registered trade mark:<\/p>\n

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  • French trade mark registration no. 3009973, registered on 22 February 2000, for the word mark BOURSO, in classes 9, 35, 36, 38, 41, and 42 of the Nice Classification.<\/li>\n<\/ul>\n

    (hereinafter, ‘the Complainant’s trade mark’; ‘the Complainant’s trade mark BOURSO’; or ‘the trade mark BOURSO’ interchangeably).<\/p>\n

    The disputed domain name was registered on 21 June 2023 and, at the time of writing this decision, it resolves to a parked page featuring pay-per-click (PPC) advertisement for goods and services related to the Complainant’s business segment (‘the Respondent’s website’).<\/p>", "decision_domains": { "bourso-contact.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }