{ "case_number": "CAC-UDRP-105567", "time_of_filling": "2023-06-27 09:59:21", "domain_names": [ "compte-clients-boursorama.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’s contentions can be summarised as follows:<\/p>\n

A. Background history<\/strong><\/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 bearing the term ‘boursorama’, such as the domain name <boursorama.com> (registered in 1998) (‘the Complainant’s domain names’).<\/p>\n

By way of relief, the Complainant seeks to obtain the ownership of the disputed domain name <compte-clients-boursorama.com> on the grounds advanced in section B below.<\/p>\n

B. Legal Grounds<\/strong><\/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 BOURSORAMA and the Complainant’s domain name. The addition of the French language generic terms ‘compte’ (‘account’ in the English language) and ‘clients’ (‘customers’ in the English language) is insufficient to escape the finding of confusingly similar to the Complainant’s trade mark BOURSORAMA.<\/p>\n

In addition, 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 BOURSORAMA. Hence, the gTLD does not prevent the likelihood of confusion between the disputed domain name and both the Complainant’s trade mark BOURSORAMA 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 BOURSORAMA, or to apply for registration of the disputed domain name on the Complainant’s behalf.<\/p>\n

Furthermore, the Respondent is not known by the disputed domain name, and the Respondent’s website appears to be aimed at collecting personal data of the Complainant’s customers, and such use 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 BOURSORAMA.<\/p>\n

The Complainant further avers that, given the distinctiveness and reputation of the Complainant’s trade mark it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s trade mark BOURSORAMA.<\/p>\n

Use<\/strong>

The Complainant claims that the disputed domain name is not used for any bona fide offerings in so far as it is connected to a website which mimics the Complainant’s official customer portal. The Respondent’s main purpose with the disputed domain name is to unduly collect sensitive data from the Complainant’s customers. The Respondent’s behaviour would therefore fall within the remit of paragraph 4(b)(iv) of the UDRP Policy).<\/p>\n

On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/strong><\/p>", "other_legal_proceedings": "

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

The Complainant's contentions are set out above.<\/p>\n

The Respondent has failed to serve a Response within the deadline prescribed under Rule 5 of the UDRP Rules, or at all.<\/span><\/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": [ "Yana Zhou" ], "date_of_panel_decision": "2023-07-21 00:00:00", "informal_english_translation": "

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