{ "case_number": "CAC-UDRP-106719", "time_of_filling": "2024-07-17 11:34:34", "domain_names": [ "bourso-investissement.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Didier Jur" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n

The Complainant is a financial institution doing business under the BOURSORAMA and BOURSO trademarks. Under such marks, it engages in three core businesses of online brokerage, delivery of financial information on the Internet and online banking. The Complainant asserts that it is a pioneer of online banking, with a portal at “www.boursorama.com”, and claims over six million customers. <\/span><\/p>\n

The Complainant is the owner of French Registered Trademark Number 3009973 for the word mark BOURSO, registered on February 22, 2000.<\/span><\/p>\n

The Complainant owns a number of domain names incorporating the BOURSORAMA and BOURSO marks, including <boursorama.com>, registered since March 1, 1998, and <bourso.com>, registered since January 11, 2000.<\/span><\/p>\n

The disputed domain name was registered on July 16, 2024, and resolves to an inactive site. MX records are configured on the associated nameservers.<\/span><\/p>\n

<\/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:<\/p>\n

The disputed domain name is confusingly similar to the Complainant’s trademark. It contains the Complainant’s BOURSO trademark in its entirety followed by the generic French word “investissement” (referring to the Complainant’s activities). The addition of such word is insufficient to escape a finding of confusing similarity. The suffix “.com” likewise does not change the overall impression of the designation or prevent a finding of confusing similarity. <\/span><\/p>\n

The disputed domain name has been registered by the Respondent without rights or legitimate interests. The Respondent is not known by the disputed domain name. Previous panels have held that a respondent was not commonly known by a domain name if the WhoIs was not similar to such domain name.<\/span><\/p>\n

The Respondent is not known by the Complainant. The Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s BOURSO trademark, or to apply for registration of the disputed domain name. <\/span><\/p>\n

The disputed domain name resolves to an inactive page. The Respondent did not make any use of disputed domain name since its registration and has no demonstrable plan to use the disputed domain name. <\/span><\/p>\n

The disputed domain name has been registered and is being used in bad faith. Previous cases under the Policy establish that the Complainant’s BOURSO trademark is arbitrary and well-known. The addition of the term “investissement” to said trademark cannot be coincidental as it refers to the Complainant’s activities.<\/span><\/p>\n

The Complainant contends that, <\/span>given the distinctiveness and reputation of the Complainant's trademarks, the Respondent has registered and used the disputed domain name with full knowledge of the Complainant's BOURSO trademark.<\/span><\/p>\n

The disputed domain name resolves to an inactive page. 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 disputed 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. Previous panels under the Policy have held that the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.<\/span><\/p>\n

MX servers are configured for the disputed domain name, which suggests that it may be used actively for e-mail use. It is inconceivable that the Respondent would be able to make any good faith use of the disputed domain name as part of an e-mail address.<\/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": [ "Andrew Lothian" ], "date_of_panel_decision": "2024-08-09 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following French Registered Trademark:<\/span><\/p>\n

BOURSO, word mark, registered February 22, 2000 under number 3009973, for goods and services in Nice Classes 9, 35, 36, 38, 41 and 42.<\/p>", "decision_domains": { "bourso-investissement.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }