{ "case_number": "CAC-UDRP-106842", "time_of_filling": "2024-09-04 11:16:53", "domain_names": [ "boursoimmo-client.pro", "boursoimmoclient.pro" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Alain Laurent", "David Lopez" ], "respondent_representative": null, "factual_background": "

The Complainant, operating under the name of BOURSOBANK, is a French company founded in 1995, active and known in the financial field, namely in online banking, online brokerage and financial information on the Internet. Ever since, the Complainant has grown and acquired commercial presence in France and abroad, mainly through its portal www.boursorama.com.<\/span>

The Complainant owns a fair-sized portfolio of trademarks including the wording \"BOURSO\", among which a French registration for “BOURSO” <\/span>n°3009973 registered on 22 February 2000 duly renewed since.<\/p>\n

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The Complainant also owns a number of domain names, including the wording BOURSO such as the domain names <immo-bourso.com>, registered since December 12<\/span>, 2022 and the domain name <bourso.com>, registered since January 11<\/span>, 2000<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

The disputed domain names <BOURSOIMMO-CLIENT.PRO> and <BOURSOIMMOCLIENT.PRO> were registered on 3 September 2024 by the Respondents, respectively Alain LAURENT and David LOPEZ (as confirmed by the Registrar) and land both on a parking page in connection with real estate and financial information.<\/span><\/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": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domains names should be transferred to it. The Complainant makes a number of legal arguments and also supplies a set of annexes providing evidence of its activities and of the Respondent's use of the disputed domain name.<\/span><\/p>\n

No administratively compliant Response has been filed by either Respondents. It ought to be indicated that the Centre sent of the complaint but nor the advice of delivery thereof was returned to the Czech Arbitration Court. The notice of the Commencement of the administrative proceeding was therefore only sent by e-mail. Yet, the e-mail notice sent to <postmaster@boursoimmoclient.pro> and <postmaster@boursoimmo-client.pro> were returned back undelivered as the e-mail addresses had permanent fatal errors. The e-mail notices were also sent to <davidlopez6598@proton.me> and to <alainlaurent9821@proton.me>, but the CAC never received any proof of delivery or notification of undelivery. No further e-mail addresses could be found on the disputed sites.<\/span><\/p>\n

The Respondents never accessed the online platform.<\/span><\/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 Respondents 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 are 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": [ "David-Irving Tayer" ], "date_of_panel_decision": "2024-10-05 00:00:00", "informal_english_translation": "

The Complainant relies on the following trademark:<\/p>\n

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  • “BOURSO”, French Trademark Registration No. 3009973, filed on 22 February 2000, and duly renewed since, claiming goods and services in classes 9, 35, 36, 38, 41 and 42<\/li>\n<\/ul>\n

    The Complainant indicates also owning a number of domain names, including the wording BOURSO such as the domain names <immo-bourso.com>, registered since 12 December <\/span>2022 and the domain name <bourso.com>, registered since 11 January<\/span> 2000.<\/span><\/p>", "decision_domains": { "boursoimmo-client.pro": "TRANSFERRED", "boursoimmoclient.pro": "TRANSFERRED" }, "panelist": null, "panellists_text": null }