The Complainant is a French company engaged in the business of online brokerage, financial information on the internet and online banking. Through its website at www.boursorama.com it is the first national financial and economic information site and the first French online banking platform.<\/p>\n
The Complainant owns several domain names such as <boursorama.com> registered on March 1, 1998 and <bourso.com> registered on January 11, 2000, which it uses in its business.<\/p>\n
It also owns several domain names such as <boursorama.com> registered on March 1, 1998 and <bourso.com> registered on January 11, 2000, which it uses in its business.<\/p>\n
The Respondent registered the disputed domain name <group-bourso.com<\/strong>> on November 4, 2023.<\/p>\n The Complainant is concerned that the disputed domain name has been registered, that in creating it the Respondent has embodied the entirety of the BOURSO mark and that it has been used it for a fake banking site with the obvious potential for improper use.<\/p>\n Accordingly, the Complainant has filed this Complaint to have the domain name transferred to the Complainant.<\/p>\n <\/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": " A. COMPLAINANT<\/strong><\/p>\n The disputed domain name is confusingly similar to the BOURSO Trademark in which the Complainant has rights. In creating the disputed domain name, the Respondent has embodied in it the entirety of the BOURSO mark.<\/p>\n The Respondent has added to the trademark by way of a prefix, the generic word “group”, which gives the impression that the domain name is an official domain name of the Complainant that relates to the corporate group of the Complainant.<\/p>\n The Respondent has no rights or legitimate interests in the disputed domain name. Initially, the Complainant has to make out a prima facie <\/em>case on this issue and if it is made out, the Respondent must then establish that it has such a right or legitimate interest.<\/p>\n The Respondent has no rights or legitimate interests in respect of the disputed domain name as the Respondent is not commonly known by the domain name, is not affiliated with or authorised by the Complainant in any way, has no business with the Complainant and has no licence nor authorisation to use the Complainant’s trademark or to register the domain name.<\/p>\n The Respondent has caused the disputed domain name to resolve to a website which purports to offer banking services under the name Group Bourso. This is an infringement of the Complainant’s BOURSO mark. Group Borso also appears to be a fake entity and the address on the resolving website is fictitious.<\/p>\n The disputed domain name was registered and is being used by the Respondent in bad faith. That is because it includes the well-known and distinctive BOURSO trademark, the Respondent must have registered the disputed domain name with full knowledge of the mark and it must have done so by taking advantage of the Complainant’s reputation in the mark.<\/p>\n In the unlikely event that the Respondent is offering genuine banking services, it is doing so by using the disputed domain name, which is conduct that in itself is bad faith. Moreover, such a use is calculated to give rise to confusion, which further demonstrates bad faith registration and use.<\/p>\n Thus, the Complainant maintains that the Respondent has registered and used the disputed domain name in bad faith.<\/p>\n <\/p>\n B. RESPONDENT<\/strong><\/p>\n The Respondent did not file a Response in this proceeding.<\/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": [
"Neil Brown"
],
"date_of_panel_decision": "2023-12-05 00:00:00",
"informal_english_translation": " The Complainant has established that it owns the International trademark for BOURSO number 3009973, registered on February 22, 2000. <\/p>",
"decision_domains": {
"group-bourso.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}