{ "case_number": "CAC-UDRP-106092", "time_of_filling": "2023-12-21 10:31:23", "domain_names": [ "boursorama-finance.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Christophe Reussite" ], "respondent_representative": null, "factual_background": "

Founded in 1995, BOURSORAMA (the Complainant) is one of the very first online financial platforms in Europe. It grew into a pioneer and market leader in its three core businesses: online brokerage, financial information on the Internet, and online banking.<\/span> BOURSORAMA based its growth on innovation, commitment and transparency. In France, BOURSORAMA is the online banking reference with over 5,4 million customers. The portal www.boursorama.com<\/u> is the first national financial and economic information site and first French online banking platform.<\/span><\/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 <boursorama-finance.com>.<\/span><\/p>", "no_response_filed": "


COMPLAINANT:<\/span>

• The disputed domain name is confusingly similar to the protected mark<\/span>

According to the Complainant, the disputed domain name <boursorama-finance.com> is confusingly similar to its trademark BOURSORAMA. The trademark is included in its entirety. The Complainant contends that the addition of the generic term “FINANCE” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark and branded goods BOURSORAMA. On the contrary, the term “FINANCE” worsens the risk of confusion as it directly refers to the Complainant’s activity.<\/span>

Moreover, the Complainant contends that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the trademark BOURSORAMA of the Complainant. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark, and its domain names associated.<\/span>

• Respondent does not have any rights or legitimate interest in the disputed domain name<\/span>

The Respondent is not known by the Complainant. The Complainant states that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the 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.<\/span>

Neither 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 name <boursorama-finance.com>.<\/span>

The Complainant further provides that the disputed domain name resolves to a parking page . The Complainant contends that the Respondent did not make any use of disputed domain name, and it confirms that Respondent has no demonstrable plan to use the disputed domain name. It proves a lack of legitimate interests in respect of the disputed domain name except in order to create a likelihood of confusion with the Complainant and its trademark.<\/span><\/span>

• The disputed domain name has been registered and is being used in bad faith<\/span>

According to the Complainant, the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark and is using it in bad faith. The Complainant contends that the disputed domain name <boursorama-finance.com> is confusingly similar to its well-known trademark BOURSORAMA. <\/span><\/p>\n

Moreover, the Complainant contends<\/span> the addition of the term “FINANCE” to the trademark BOURSORAMA cannot be coincidental, as it directly refers to the Complainant activities .<\/p>\n

The Complainant further states that the disputed domain name resolves to a parking page. The Complainant argues that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name 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. <\/span>

Finally, the Complainant states that the disputed domain name has been set up with MX records, which suggests that it may be actively used for e-mail purposes. This is also indicative of bad faith registration and use because any e-mail emanating from the disputed domain name could not be used for any good-faith purpose.<\/span><\/p>\n

RESPONDENT:<\/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>", "decision": "Accepted", "panelists": [ "Barbora Donathová" ], "date_of_panel_decision": "2024-01-22 00:00:00", "informal_english_translation": "

The Complainant states and provides evidence to support that it is the owner of several trademarks BOURSORAMA, such as the European trademark n° 1758614 registered since October 19, 2001, predating the date of registration of the disputed domain name <boursorama-finance.com>.<\/span>

The Complainant also owns several domain names, including the same distinctive wording BOURSORAMA, such as the domain name <boursorama.com>, registered since March 1, 1998.<\/span>

The disputed domain name <boursorama-finance.com> was registered on December 15, 2023, and resolves to a parking page.<\/span><\/p>", "decision_domains": { "boursorama-finance.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }