The Complainant was founded in 1995 and grew in Europe with the emergence of e-commerce and the continuous expansion of the range of financial products online. Pioneer and a leader in its three core businesses: online brokerage, online financial information, and online banking, Complainant based its growth on innovation, commitment, and transparency. In France, Complainant is the online banking reference with over 2,000,000 customers. Its website has more than 30 million monthly visits.<\/p>\n
The disputed domain names were both registered on 3 July 2024 and are held by the Respondent.<\/p>\n
The disputed domain name website for <boursoinvestissement.com> (i.e. the website available under the internet address containing the disputed domain name) is currently inactive and merely includes links (likely automatically generated) to a third-party content.<\/p>\n
The disputed domain name website for <boursobankinvest.com> is currently unavailable with restricted access.<\/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 names.<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
CONFUSING SIMILARITY<\/p>\n
The Complainant states that:<\/p>\n
- The disputed domain names are confusingly similar to the Complainant’s trademarks as they both include the word element BOURSOBANK. <\/p>\n
- The addition of the French generic terms “INVEST and INVESTISSEMENT\" (meaning “INVESTMENT”) is not sufficient to escape the finding that the disputed domain names are confusingly similar to the Complainant’s trademarks.<\/p>\n
- The Complainant refers to previous domain name decisions in this regard.<\/p>\n
<\/p>\n
Thus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain names is clearly established.<\/p>\n
<\/p>\n
NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n
The Complainant states that:<\/p>\n
- The Respondent has not been commonly known by the disputed domain names;<\/p>\n
- The Complainant has not authorized, permitted or licensed the Respondent to use the Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name;<\/p>\n
- The disputed domain names resolve to an inactive page. The Complainant contends that the Respondent did not use the disputed domain names and that the Respondent has no demonstrable plan to use the disputed domain names;<\/p>\n
- On the contrary, the disputed domain name <boursobankinvest.com> was used for attracting internet users to services provided by the Respondent and this is why it has been free-riding on the reputation of the Complainant's trademark and its business;<\/p>\n
- The Complainant refers to previous domain name decisions in this regard.<\/p>\n
<\/p>\n
BAD FAITH REGISTRATION AND USE<\/p>\n
The Complainant states that:<\/p>\n
- Seniority of the Complainant's Trademarks predates the disputed domain name registration; <\/p>\n
- The disputed domain names were used for attracting internet users to websites provided by the Respondent and therefore it is free-riding on the reputation of the Complainant's trademark and its business;<\/p>\n
- The Complainant refers to previous domain name decisions in this regard.<\/p>\n
<\/p>\n
RESPONDENT:<\/p>\n
The Respondent has not provided any response to the complaint.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have 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 Panel has found that the conditions for consolidation of the disputes are fulfilled. In particular, based on the circumstances of the case, the Panel concluded that all disputed domain names were in fact registered by the same registrant (Respondent). Consequently, the Panel consolidated the disputes concerning the disputed domain names into a single proceeding.<\/p>", "decision": "Accepted", "panelists": [ "Jiří Čermák" ], "date_of_panel_decision": "2024-08-11 00:00:00", "informal_english_translation": "
The Complainant is a registered owner the following trademarks containing a word element \"BOURSO” or “BOURSOBANK”:<\/p>\n
- BOURSORAMA (word), EU Trademark, priority (filing) date 13 July 2000, registration date 19 October 2001, trademark application no. 1758614, registered for goods and services in the international classes 4 9, 16, 35, 36, 38, 41, and 42;<\/p>\n
- BOURSOBANK (device), WIPO (international) Trademark, registration date 28 August 2023, trademark no. 1757984, registered for goods and services in the international classes 9, 16, 35, 36, 38, and 41;<\/p>\n
(collectively referred to as \"Complainant's trademarks\"). <\/p>\n
Also, the Complainant owns the domain names <boursorama.com>, registered since 1 March 1998, and <boursobank.com>, registered since 11 January 2000.<\/p>", "decision_domains": { "boursobankinvest.com": "TRANSFERRED", "boursoinvestissement.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }