The Complainant in the present dispute is BOURSORAMA, an online brokerage, banking and financial information provider, founded in France in 1998.<\/p>\n
The Complainant is the owner of several domain names, including <boursorama.com>, registered on March 1, 1998, and <bourso.com>, registered on January 11, 2000, both used by the Complainant’s in connection with its financial and economic information site as well as its banking platform at “www.boursorama.com”.<\/p>\n
The disputed domain name <boursogroup.pro>, was registered on August 6, 2024, and currently resolves to an inactive website. According to the screenshots submitted by the Complainant – which have not been challenged by the Respondent -, the disputed domain name resolved, at the time of the filing of the Complaint, to a website promoting financial services, reproducing the Complainant’s trademark and the color scheme of the Complainant’s official 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": "
COMPLAINANT<\/p>\n
The Complainant contends that the disputed domain name <boursogroup.pro> is confusingly similar to the trademark BOURSO in which the Complainant has rights as it reproduces the trademark in its entirety with the mere addition of the descriptive word “group” and the generic Top Level Domain (“gTLD”) “.pro”.<\/p>\n
The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name because the Respondent i) is in no way affiliated with the Complainant ii) does not carry out any activity or has any business with the Complainant and iii) is neither licensed nor authorized by the Complainant to make any use of the trademark BOURSO in any way including the registration of the disputed domain name. The Complainant also states that the website in relation with the disputed domain name offers investments services identical to the services provided by the Complainant, using the Complainant’s logo and color scheme, and concludes that using a confusing similar domain name that resolves to a competing webpage does not amount to a bona fide<\/em> offering of goods or services.<\/p>\n The Complainant claims that the Respondent registered the disputed domain name in bad faith because: i) the BOURSO mark has been in use since 1995 gaining a significant reputation in France and abroad in connection with online financial services; ii) the disputed domain name resolves to a website offering financial services and reproducing the Complainant’s logo and color scheme; and iii) given the distinctiveness of the Complainant's trademarks and reputation, the Respondent registered the disputed domain name with full knowledge of the Complainant.<\/p>\n As to bad faith use, the Complainant states that the Respondent is using the disputed domain name to divert Internet users searching for the Complainant’s website, to the Respondent’s competing website, and to create a likelihood of confusion with the Complainant’s mark for the Respondent’s commercial gain by offering competing services. The Complainant also submits that MX servers are configured for the disputed domain name and concludes that such circumstance suggests that it may be also actively used for email communication purpose.<\/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": [
"Luca Barbero"
],
"date_of_panel_decision": "2024-09-19 00:00:00",
"informal_english_translation": " The Complainant has demonstrated ownership of rights in the trademark BOURSO for the purposes of standing to file a UDRP complaint.<\/p>\n The Complainant has provided evidence of ownership of the French trademark registration No. 3009973 for BOURSO (word mark), filed on February 22, 2000, in classes 09, 35, 36, 38, 41 and 42.<\/p>",
"decision_domains": {
"boursogroup.pro": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}