{
    "case_number": "CAC-UDRP-106120",
    "time_of_filling": "2023-12-29 09:38:00",
    "domain_names": [
        "boursobak.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "tyson  fury"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\">The Complainant states that is a pioneer and leader in three core businesses as, online brokerage, financial information on the Internet and online banking, which operates under the name of BOURSORAMA; that in France, is the online banking reference with over 5,4 million customers; that the portal www.boursorama.com is the first national financial and economic information site and first French online banking platform.<\/p>\n<p style=\"text-align: justify;\">The Complainant also owns the following domain names: &lt;boursorama.com&gt;, registered since March 1, 1998; &lt;bourso.com&gt;, registered since January 11, 2000, and &lt;boursobank.com&gt; registered since November 23, 2005.<\/p>\n<p style=\"text-align: justify;\">According with the evidence submitted before this Panel, the disputed domain name &lt;<strong>boursobak.com<\/strong>&gt; was registered on <strong>October 23, 2023<\/strong>; and by December 27, 2023, resolved to a parking page website. The disputed domain name has been used in a phishing scheme. By the time of rendering this Decision, the disputed domain name resolves to an inactive website.&nbsp;<\/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.<\/p>",
    "no_response_filed": "<p><strong>Complainant's Contentions<\/strong>:<\/p>\n<ul>\n<li style=\"text-align: justify;\">The Complainant asserts that the disputed domain name is confusingly similar to its trademark BOURSO and its domain names associated; the addition of the term &ldquo;BAK&rdquo; is not sufficient to escape the finding of being confusingly similar to the trademark and branded goods BOURSO; that it does not change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark BOURSO; that it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and the domain names associated; that on the contrary, the addition of the term &ldquo;BAK&rdquo; worsens the likelihood of confusion between the disputed domain name and the Complainant&rsquo;s trademark BOURSO, as it directly refers to the Complainant new corporate name and website.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">\n<p>The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name, since it is not known as the disputed domain name, citing Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group, Forum Case No. FA 1781783, where the WhoIs information differs from the respondent, as in this case.<\/p>\n<\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that the Respondent is not affiliated with nor authorized by the Complainant in any way; that the Complainant does not carry out any activity for, nor has any business with the Respondent; that neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark BOURSO, or apply for registration of the disputed domain name.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that the disputed domain name resolves to a parking page and that has been used in a phishing scheme; that the Respondent uses the disputed domain name to pass itself off as one of the Complainant&rsquo;s employees, with it, using the domain name in this manner is neither a <em>bona fide<\/em> offering of goods or services under Policy 4(c)(i), nor a non-commercial or fair use pursuant to Policy 4(c)(iii).<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">\n<p>The Complainant contends that it and its trademark BOURSO, which has been in use since 1995, have a significant reputation in France and abroad in connection with online financial services; that several experts have confirmed the reputation of the trademark BOURSO, citing Boursorama S.A. v. Contact Privacy Inc. Customer 1249617786 \/ Marcou, WIPO Case No. D2021-0671; that the disputed domain name is not used for any bona fide offerings; that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website (par. 4(b)(iv) of the Policy); that the addition of the term &ldquo;BAK&rdquo;, a misspelled version of the term &ldquo;BANK&rdquo;, to the trademark BOURSO cannot be coincidental, as it directly refers to the Complainant new corporate name and website https:\/\/www.boursobank.com\/; that all the results of a search of the term &ldquo;BOURSOBAK&rdquo; refers to the Complainant; that given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks.<\/p>\n<\/li>\n<li style=\"text-align: justify;\">The Complainant contends that the disputed domain is being used in bad faith, since it resolves to a parking page and that has been used in a phishing scheme; that the Respondent attempted to pass of as one of the Complainant&rsquo;s employees; that as it is well-established that using a domain name for purposes of phishing or other fraudulent activity constitutes solid evidence of bad faith use, citing <em>Accor v. SANGHO HEO \/ Contact Privacy Inc.<\/em>, WIPO Case No. D2014-1471 and <em>Qatalyst Partners LP and Qatalyst Partners LLP v. Alyna Devimore \/ N\/A<\/em>, FA Case No. 1393436.<\/li>\n<\/ul>\n<p><strong>Respondent&nbsp;<\/strong><\/p>\n<p>The Respondent did not reply to any of the Complainant's contentions.<\/p>",
    "rights": "<p style=\"text-align: justify;\">The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": [
        "María Alejandra López García"
    ],
    "date_of_panel_decision": "2024-02-01 00:00:00",
    "informal_english_translation": "<p style=\"text-align: justify;\">The Complainant states that is a pioneer and leader in three core businesses as, online brokerage, financial information on the Internet and online banking, which operates under the name of BOURSORAMA; that in France, is the online banking reference with over 5,4 million customers; that the portal www.boursorama.com is the first national financial and economic information site and first French online banking platform.<\/p>\n<p style=\"text-align: justify;\">The Complainant owns the following Trademark:&nbsp;<\/p>\n<p style=\"text-align: justify;\">- French Trademark for BOURSO (word mark), Reg. No. 3009973, in ICs 9, 35, 36, 38, 41 and 42, registered on February 22, 2000 and in force until February 22, 2030. &nbsp;<\/p>\n<p style=\"text-align: justify;\">The disputed domain name &lt;<strong>boursobak.com<\/strong>&gt; was registered on <strong>October 23, 2023<\/strong>. The disputed domain name resolved to a parking page website, which it has been used for phishing activity. By the time of rendering this Decision, the disputed domain name resolves to an inactive website. &nbsp;<\/p>",
    "decision_domains": {
        "boursobak.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}