{ "case_number": "CAC-UDRP-106932", "time_of_filling": "2024-10-09 11:12:45", "domain_names": [ "boursoimmo.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Paul Graison (Boursoimmo)" ], "respondent_representative": null, "factual_background": "

The Complainant is a French corporation founded in 1989, a subsidiary of Société Générale. <\/span>Pioneer and leader in three core businesses—online brokerage, financial information on the Internet and online banking—the Complainant based its growth on innovation, commitment, and transparency. In France, the Complainant is the online banking reference with over 6 million customers. The Complainant's main website (<www.boursorama.com>) is the first national financial and economic information site and the first French online banking platform<\/span> with over 41,5 million visits each month.<\/p>\n

The disputed domain name was registered on 7 October 2024 by Boursoimmo - Paul Graison, residing in France. It resolves to a page under construction. Besides, MX servers are configured.<\/span><\/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 name.<\/p>", "no_response_filed": "

COMPLAINANT: <\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to its trademark, since the BOURSO trademark is reproduced in its entirety and the addition of the generic and descriptive term \"IMMO\" (abbreviation of the French word \"immobilier\", which stands for real estate and refers to the Complainant's activities) does not prevent the likelihood of confusion between the disputed domain name and the Complainant's trademark.<\/span><\/p>\n

The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. 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 trademark, or apply for registration of the disputed domain name by the Complainant. <\/span><\/p>\n

According to the Complainant, the Respondent is not commonly known by the disputed domain name, nor has acquired any rights in a trademark or trade name corresponding to the disputed domain name. There is no French organization<\/span> under the name \"BOURSOIMMO\".<\/span><\/p>\n

Furthermore, the disputed domain name is not associated with any active website (page under construction), but MX servers are configured. The Complainant contends that there is no demonstrable evidence that the Respondent<\/span> used or prepared to use the disputed domain name for any bona fide offering of goods or services.<\/span><\/p>\n

Finally, the Complainant contends that the Respondent's constructive knowledge of the Complainant’s potential rights and the passive holding of the disputed domain name clearly show the Respondent’s bad faith in the registration and use of the disputed domain name.<\/span><\/p>\n

The Complainant requests the transfer of the disputed domain name.
<\/span><\/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": [ "Ivett Paulovics" ], "date_of_panel_decision": "2024-11-04 00:00:00", "informal_english_translation": "

The Complainant, conducting business under the company name Boursorama, is owner of the French trademark BOURSO no. 3009973, registered since 22 February 2000 in classes 9, 35, 36, 38, 41, 42.<\/p>\n

The Complainant is also owner of the domain names <bourso.com>, registered since 11 January 2000, and <boursorama.com>, registered since 1 March 1998, and used as its main websites promoting its products and services.<\/p>\n

The above-mentioned rights of the Complainant are hereinafter referred to as the BOURSO Trademark.<\/p>", "decision_domains": { "boursoimmo.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }