The Complainant operates online under the trademark BOURSOBANK, in the banking, brokerage and financial information fields. In France, the Complainant is the online banking reference with over 6 million customers. The portal at \"www.boursorama.com\" is the first national financial and economic information site, and first online banking platform in France. <\/p>\n
The disputed domain name has been registered on July 19, 2024 and resolves to a login page displaying the figurative trademark BOURSOBANK, copying the Complainant's official customer access at the address https:\/\/clients.boursobank.com\/connexion\/<\/a> and inviting users to insert their usernames to access the website. <\/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": " The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n In particular, the Complainant maintains that the disputed domain name is confusingly similar to its trademark BOURSOBANK. The disputed domain name incorporates this mark entirely and the addition of the descriptive term \"support\" and a hyphen is not sufficient to escape a finding of confusing similarity of the disputed domain name with the Complainant's mark.<\/p>\n The Complainant also maintains that the Respondent lacks rights or legitimate interests in the disputed domain name. The Complainant does not know the Respondent and the Respondent does not carry out any activity for, nor has any business with the Respondent. The Complainant did not authorize the Respondent to register and use the disputed domain name. Finally, the Respondent is not known by the disputed domain name. The disputed domain name resolves to a login page copying the Complainant's official customer access. This page could be used to collect personal information of the Complainant's customers. Thus, the Respondent’s website can mislead the Complainant's costumers into believing that they are accessing the Complainant’s website. Such use of the disputed domain name cannot be considered a bona fide offering of services or a fair use.<\/p>\n Lastly, the Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the Respondent registered the disputed domain name with full knowledge of the Complainant's trademarks. As a matter of fact, (i) the trademark BOURSO has been used since 1995 and has gained significant reputation in France and abroad; (ii) a cursory search on the Internet through the keywords \"support boursobank\" has returned results linked to the Complainant; and (iii) the disputed domain name resolves to a login page copying the Complainant's official customer access at https:\/\/clients.boursobank.com\/connexion\/<\/a>. <\/p>\n Finally, according to the Complainant the fact that the disputed domain name resolves to a login page copying the Complainant's official customer access is evidence of the fact that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website. Besides, the Respondent can collect personal information through his website, namely passwords.<\/p>\n The Respondent has not filed an administratively compliant Response.<\/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": [
"Angelica Lodigiani"
],
"date_of_panel_decision": "2024-08-30 00:00:00",
"informal_english_translation": " The Complainant is the owner of the following trademarks:<\/p>\n - BOURSO (word), French trademark registration No. 3009973, registered on February 22, 2000, for services in classes 9, 35, 36, 38, 41, and 42;<\/p>\n - BOURSOBANK (figurative), International trademark registration No. 1757984, registered on August 28, 2023, for goods and services in classes 9, 16, 35, 36, 38 and 41, designating various jurisdictions.
The Complainant is also the owner of various domain names, including the trademark BOURSO, such as <boursorama.com>, registered on March 1, 1998, <bourso.com>, registered on January 11, 2000, and <boursobank.com> registered on November 23, 2005.<\/p>",
"decision_domains": {
"support-boursobank.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}