{
    "case_number": "CAC-UDRP-106262",
    "time_of_filling": "2024-02-15 09:59:22",
    "domain_names": [
        "boursobunk.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOURSORAMA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "marc  toulin"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\"><span>The Complainant is a French company, founded in 1995, which became a leader in its three core businesses, i.e. online brokerage, financial information on the Internet and online banking as 'Boursorama Banque'.<\/span><br \/><br \/><span>The Complainant provides information on its products online inter alia at &lt;boursorama.com&gt;, registered since March 1, 1998, but has also registered the domain names &lt;bourso.com&gt;, registered since January 11, 2000, and &lt;boursobank.com&gt; registered since November 23, 2005.<\/span><br \/><br \/><\/p>\n<p>The disputed domain name &lt;boursobunk.com&gt; was registered on January 4, 2024 and is currently not used in connection with an active website, but MX servers are configured.<\/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>COMPLAINANT:<\/p>\n<p>The Complainant contends that the disputed domain name is confusingly similar to the Trademark since it fully incorporates the Trademark and the addition of a generic term, such as \"bunk\" is not sufficient to escape the finding that the domain name is confusingly similar to the Trademark. The term \"bunk\" could be even seen as a misspelling of the word \"bank\".<\/p>\n<p style=\"text-align: justify;\"><br \/><span>Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not commonly known by the disputed domain name, that it 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, and that neither license nor authorization has been granted to the Respondent to make any use of the Trademark or apply for registration of the disputed domain name by the Complainant.<\/span><br \/><br \/><\/p>\n<p>Finally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent must have been aware of the Complainant and its Trademark at the time of registration of the disputed domain name, that the Respondent's non-use of the disputed domain name can be evidence of bad faith registration and use according to the Telstra doctrine of passive holding and that since MX servers are configured this action suggests that the domain name may be actively used for e-mail purposes.<\/p>\n<p><span><\/span><\/p>\n<p>RESPONDENT:<\/p>\n<p><span>No administratively compliant Response has been filed.<\/span><\/p>",
    "rights": "<p>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": "<p>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>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>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": [
        "Stefanie Efstathiou LL.M. mult."
    ],
    "date_of_panel_decision": "2024-03-21 00:00:00",
    "informal_english_translation": "<p style=\"text-align: justify;\"><span>The Complainant owns several trademark registrations<em>&nbsp;inter alia&nbsp;<\/em>the French trademark registration No. 3009973 \"BOURSO\", registered on February 22, 2000 (hereinafter referred to as the \"Trademark\").<\/span><\/p>",
    "decision_domains": {
        "boursobunk.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}