Complainant states that it is a “[p]ioneer and leader in its three core businesses, online brokerage, financial information on the Internet and online banking”; that it has more than 4.9 million customers of its online banking business; and that it uses the domain name <boursorama.com> (registered March 1, 1998).<\/p>\n
The Disputed Domain Names were created on the following dates and are inactive: October 31, 2023 (<boursbaank.com>, <clients-boursobank-connexion.com>, and <espace-clients-connexion-boursobank.com>) and November 1, 2023 (<bourrsobank.com> and <connexion-boursobank-clients.com>).<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Names.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that each of the Disputed Domain Names is confusingly similar to the BOURSORAMA Trademark because, inter alia, they “are characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name”; “slight spelling variations do[] not prevent a domain name from being confusing similar to the Complainant’s trademark”; and the additional terms in the Disputed Domain Names are “not sufficient to avoid the likelihood of confusion” and “do[] not change the overall impression of the designation[s] as being connected to the Complainant’s trademark.”<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Names because, inter alia, “Respondent is not known as the disputed domain names”; “Respondent is not affiliated with nor authorized by the Complainant in any way”; “[n]either license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOURSORAMA®, or apply for registration of the disputed domain names”; and the Disputed Domain Names are inactive.<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Names were registered and are being used in bad faith because, inter alia, “given the distinctiveness of the Complainant’s trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain names with full knowledge of the Complainant’s trademarks”; “Respondent has not demonstrated any activity in respect of the disputed domain name[s], and it is not possible to conceive of any plausible actual or contemplated active use of the domain name[s] by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law”; and “the mere registration of a domain name that is identical or confusingly similar to a well-known or widely-known trademark by an unaffiliated entity may be sufficient to create a presumption of bad faith.”<\/p>\n
No administratively compliant response has been filed.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Names re 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 UDRP).<\/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 Names (within the meaning of paragraph 4(a)(ii) of the UDRP).<\/p>", "bad_faith": "
The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the UDRP).<\/p>", "procedural_factors": "
Although the Registrar stated that the language of the Registration Agreement is French, the Panel has decided to allow this proceeding to be conducted in English because the Disputed Domain Names contain the English words (or typographical versions thereof) “bank” and “clients” and the potential unfairness or unwarranted delay in ordering the Complainant to translate the Complaint.<\/span><\/p>\n 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": [
"Douglas Isenberg"
],
"date_of_panel_decision": "2023-12-21 00:00:00",
"informal_english_translation": " Complainant states, and provides evidence to support, that is the owner of “several trademarks” for BOURSORAMA, including EU Reg. No. 1,758,614 (registered October 19, 2001) (the “BOURSORAMA Trademark”).<\/p>",
"decision_domains": {
"bourrsobank.com": "TRANSFERRED",
"boursbaank.com": "TRANSFERRED",
"clients-boursobank-connexion.com ": "TRANSFERRED",
"connexion-boursobank-clients.com": "TRANSFERRED",
"espace-clients-connexion-boursobank.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}