{
    "case_number": "CAC-UDRP-105577",
    "time_of_filling": "2023-06-28 10:09:45",
    "domain_names": [
        "bourso-france.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "BOURSORAMA "
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Dominique Toreto"
    ],
    "respondent_representative": null,
    "factual_background": "<p><span style=\"font-size: 12pt;\">FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/span><\/p>\n<p><span style=\"font-size: 12pt;\">The Complainant is a pioneer and leader in its three core businesses; i.e.&nbsp; online brokerage, the provision of financial information on the Internet and online banking.<\/span><\/p>\n<p><span style=\"font-size: 12pt;\">The Complainant has over 4.9 million customers in France and operates a website from the URL www.boursorama.com, which was the \"first French online banking platform\".&nbsp; &nbsp;<\/span><\/p>\n<p><span style=\"font-size: 12pt;\">Although the full name of the Complainant is <span class=\"title\"><\/span>Boursorama, it is frequently referred to by its French customers as \"Bourso\".&nbsp; &nbsp;<\/span><\/p>\n<p><span style=\"font-size: 12pt;\">The term \"Bourso\" is also used in a number of ways by the Complainant in addition to being part of the Complainant's full name.&nbsp; These uses include:&nbsp;<\/span><\/p>\n<ul>\n<li><span style=\"font-size: 12pt;\">The customer section of the Complainant's website is named \"MON BOURSO\" &nbsp;<\/span><\/li>\n<li><span style=\"font-size: 12pt;\">The Complainant offers products using the name \"BOURSOMARKETS\"; and&nbsp;&nbsp;<\/span><\/li>\n<li><span style=\"font-size: 10.0pt;\"><span style=\"font-size: 12pt;\">The Complainant offers a product named \"Livret Bourso +\"<\/span><br \/><\/span><\/li>\n<\/ul>\n<p><span>The Domain Name &lt;<\/span>bourso-france.com&gt;&nbsp;<span>was registered on 30 December <\/span><span>2022 <\/span><span>&nbsp;and resolves to a registrar parking page with commercial links<\/span><span>.&nbsp; MX servers have been&nbsp; configured for the Domain Name.<\/span><\/p>\n<p><span>The Registrar, in response to a registrar verification request, provided details that would suggest that the respondent is an individual located in France.&nbsp;&nbsp;<\/span><\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name (the \"Domain Name\").<\/p>",
    "no_response_filed": "<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.&nbsp;<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trade mark 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": "<p>The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown the 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": "<p>Initially, the Complaint filed by the Complainant was inadequate in that, although it referred to a previous UDRP cases in which the term \"Bourso\" had been arguably been held to be distinctive (i.e. Boursorama S.A. v. Ibraci Links, Ibraci Links SAS WIPO Case No. D2022-4646), no evidence or argument was provided that supported that conclusion or to even suggest that the term \"Bourso\" had at any time been independently used by the Complainant. As a consequence, on 20 July 2023 the Panel issued a Procedural Order (the \"Procedural Order\") requesting that the Complainant file a supplemental submission containing argument and supporting evidence limited to the questions of (a) whether the mark BOURSO is distinctive, (b) whether and to what extent the Complainant has used the mark BOURSO, and (c) whether and to what extent the Respondent was aware of the Complainant&rsquo;s mark at the time that it registered the Domain Name. A supplemental submission directed to those issues was filed by the Complainant with the Czech Arbitration Court on 28 July 2023. Relevant aspects of that submission are recorded in the Factual Background section of this decision.<\/p>\n<p>The Procedural Order gave the Respondent an opportunity to indicate whether he wished to file a supplemental submission in respect of the issues covered by the Procedural Order but the Respondent did not do so.<\/p>\n<p>The Procedural Order also recorded the Panel's determination pursuant to paragraph 1(a) of Annex A of the Supplemental Rules that given the making of the Procedural Order it was appropriate for the Complainant to pay Additional UDRP Fees of &euro;300 having regard to the complexity of the proceeding. In so doing, the Panel referred to the reasoning of the Panel in <em>ECCO Sko A\/S v zhouyiming<\/em> CAC-UDRP-100389.&nbsp; The Complainant has paid these additional fees within the period provided for by the Supplemental Rules.<\/p>\n<p>In the circumstances, 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": [
        "Matthew Harris"
    ],
    "date_of_panel_decision": "2023-08-03 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of owner of French registered trade mark n&deg; 3009973 for BOURSO as a word mark file on 22 February 2000 in classes 9, 35, 36, 38, 41 and 42.<\/p>",
    "decision_domains": {
        "bourso-france.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}