{ "case_number": "CAC-UDRP-105555", "time_of_filling": "2023-06-22 09:22:12", "domain_names": [ "bourso-apps-vosavis.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ancelleta Daniella" ], "respondent_representative": null, "factual_background": "

BOURSORAMA S.A. was founded in 1995 concurrent with the emergence of e-commerce and has expanded to fill a range of financial products online. It is a pioneer and leader in its three core businesses: online brokerage, financial information on the Internet, and online banking. It is the online banking preference with over 4.9 million customers. The portal www.boursorama.com<\/a> was the first national financial and economic information site and first French online banking platform. Complainant alleges that the disputed domain names are confusingly similar to its trademark BOURSO® in that it they include its trademark in its entirety.<\/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": "

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

<\/p>\n

COMPLAINANT:<\/p>\n

The Complainant states that the Respondent registered the Disputed Domain Name <bourso-apps-vosavis.com> (the \"Disputed Domain Name\") on June 19, 2023 and that it resolves to a login page that duplicates Complainant’s official customer access page. The Complainant has no business relationship with the Respondent, it has not licensed the right or authorized the Respondent to register and use its trademark. It is evident from the Respondents´ use of the Disputed Domain Name that the purpose for its registration is to target the Complainant’s customers and consumers generally seeking entry into the Complainant’s banking platform.<\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because it has not been authorized by the Complainant to use the BOURSO trademark, and the disputed domain name does not correspond to the name of the Respondent which is not „Bourso“ but Ancelleta Daniella. The Complainant adds that the Respondent carries out a blatently deceptive website that targets Complainant’s customers and the consuming public.<\/p>\n

Given the notoriety of the Complainants presence in the marketplace and the <\/span>Respondent's physical address in France it would defy belief that the Respondent could have acquired the Disputed Domain Name in ignorance of either the Complainant or its mark.<\/p>\n

RESPONDENT:<\/p>\n

The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complainant.<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2023-07-24 00:00:00", "informal_english_translation": "

Complainant is the owner of a French trademark BOURSO® n° 3009973 registered on February 22, 2000.<\/p>", "decision_domains": { "bourso-apps-vosavis.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }