{ "case_number": "CAC-UDRP-106001", "time_of_filling": "2023-11-23 09:27:36", "domain_names": [ "boursobank-banque.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Domain Privacy (Above.com Domain Privacy)" ], "respondent_representative": null, "factual_background": "

The Complainant, Boursorama, is a French banking and financial services company. The Complainant is the owner of the European trademark BOURSO <\/strong>No. 3009973.<\/p>\n

The Complainant also owns a number of domain names, including <boursorama.com> or <bourso.com>.<\/p>\n

The disputed domain name was registered on 16 November 2023 and resolves a parking page of pay-per-click commercial links. MX records are configured on the disputed domain name.<\/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": "

COMPLAINANT: <\/strong><\/p>\n

The Complainant asserts that the disputed domain name <boursobank-banque.com> is confusingly similar to its trademark BOURSO and its domain names. The Complainant asserts that the addition of the French generic terms “bank” and “banque” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BOURSO. Moreover, the Complainant contends that the addition of the suffix “.COM” does not change the overall impression of the designation as being connected to the trademark BOURSO.<\/p>\n

Per the Complaint, the Respondent is not known of the Complainant. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way and that Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. Furthermore, the disputed domain name resolves to a parking page of pay-per-click commercial links, which is neither a bona fide offering of goods or services, nor a legitimate non-commercial or fair use under Policy.<\/p>\n

As regards the bad faith of the Respondent, the disputed domain name includes the well-known and distinctive trademark BOURSO. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark. The use of the generic terms “bank” and “banque” in the domain name cannot have been accidental at they refer to the new corporate name of the Complainant, Boursobank.<\/p>\n

The Complainant states that the disputed domain name is not used in connection with any active website, but that MX records are linked to the domain name, which suggests that it may be actively used. Any e-mail emanating from the disputed domain name should not be seen as use of the domain name in good faith. On these bases, the Complainant concludes that the Respondent registered and is using the disputed domain name in bad faith.<\/p>\n

RESPONDENT:<\/strong><\/p>\n

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

The Hostmaster Above.com contacted the CAC requesting guidance on how to log into the case file on December 14, 2023. The CAC replied on December 15, 2023 but no further communication by the Above.com was received.<\/p>", "decision": "Accepted", "panelists": [ "Arthur Fouré" ], "date_of_panel_decision": "2023-12-20 00:00:00", "informal_english_translation": "

The Complainant has provided evidence of ownership of the following trademark:<\/p>\n

French trademark BOURSO No. 3009973 registered on 22 February, 2000, duly renewed, and covering goods and services in international classes 09, 35, 36, 38, 41 and 42.<\/p>", "decision_domains": { "boursobank-banque.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }