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 it grows in Europe with the emergence of e-commerce and the continuous expansion of the range of financial products online with three core businesses – online brokerage, financial information on the Internet and online banking. In France, the Complainant is the online banking reference with over 6 million customers. The portal www.boursorama.com is the first national financial and economic information site and first French online banking platform with over 41,5 million visits each month.<\/p>\n
The Complainant states that the disputed domain name is confusingly similar to its trademark BOURSORAMA and its domain names. The addition of the generic term “CLIENTS” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s trademark. The domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP.<\/p>\n
The addition of the gTLD suffix “.NET” does not change the overall impression of the designation as being connected to Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain name and Complainant, its trademark and its domain names associated (WIPO Case No. D2006-0451, F. Hoffmann-La Roche AG v. Macalve e-dominios S.A.)<\/p>\n
Complainant’s rights to BOURSORAMA trademark have been confirmed by many UDRP decisions:<\/p>\n
The Complainant asserts that the Respondent is not known as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name. <\/p>\n
The Respondent is not known by the Complainant. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that Respondent has no rights or legitimate interests in respect of the disputed domain name. 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 BOURSORAMA, or apply for registration of the disputed domain name. The disputed domain name is not active, and Respondent therefore did not make any use of disputed domain name since its registration. This confirms that Respondent has no demonstrable plan to use the disputed domain name. It demonstrates a lack of legitimate interests in respect of the disputed domain name. <\/p>\n
The Complainant concludes that the disputed domain name includes the well-known trademark BOURSORAMA and that the Respondent has registered and used the disputed domain name with full knowledge of the Complainant's trademark. <\/p>\n
As the disputed domain name is not active, the Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. As prior WIPO UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.<\/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 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": [ "Petr Hostaš" ], "date_of_panel_decision": "2024-11-18 00:00:00", "informal_english_translation": "
The Complainant is the owner of the European trademark BOURSORAMA No 1758614 registered since December 19, 2001, and French trademark BOURSORAMA No 98723359 registered since March 13, 1998. The Complainant also owns domain names including the same distinctive wording BOURSORAMA, such as the domain name <boursorama.com>, registered since March 01, 1998 and <bourso.com>, registered since January 11, 2000.<\/p>\n
The disputed domain name <BOURSORAMACLIENTS.NET> was registered on October 07, 2024. <\/p>\n
<\/p>", "decision_domains": { "boursoramaclients.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }