{
    "case_number": "CAC-UDRP-107153",
    "time_of_filling": "2024-12-12 14:02:40",
    "domain_names": [
        "boursobk.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "BOURSORAMA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Alain Ducret"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\">The Complainant states that is a pioneer and leader in three core businesses such as online brokerage, financial information on the Internet, and online banking, which operates under the name of BOURSORAMA; in France, is the online banking reference with over 6 million customers; that the portal www.boursorama.com is the first national financial and economic information site and first French online banking platform.<\/p>\n<p style=\"text-align: justify;\">The Complainant also owns the following domain names: &lt;boursorama.com&gt;, registered since March 1, 1998; &lt;bourso.com&gt;, registered since January 11, 2000, and &lt;boursoramabank.com&gt; registered since May 26, 2005.<\/p>\n<p style=\"text-align: justify;\">According to the evidence submitted before the Panel, the disputed domain name &lt;<strong>boursobk.com<\/strong>&gt; was registered on <strong>August 29, 2024<\/strong>; and by December 10, 2024, resolved to a PPC page with links related to the Complainant&rsquo;s business activity. The disputed domain name has been used in a phishing scheme. By the time of this Decision, the disputed domain name resolves to an inactive website with no content on it.<\/p>",
    "other_legal_proceedings": "<p>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": "<p style=\"text-align: justify;\">No Response or any kind of communication has been submitted by the Respondent. However, the Complainant must establish the three elements of paragraph 4(a) of the Policy (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition, (&ldquo;WIPO Overview 3.0&rdquo;), section 4.3.)&nbsp;<\/p>\n<p style=\"text-align: justify;\">Therefore, this Panel shall analyze the evidence submitted by the Complainant and decide this dispute under the &ldquo;balance of probabilities&rdquo; or &ldquo;preponderance of the evidence&rdquo; standard (see paragraphs 14 and 15(a) of the Rules, and WIPO Overview 3.0, section 4.2.)&nbsp;<\/p>\n<p style=\"text-align: justify;\"><strong>Complainant&acute;s Contentions<\/strong>:<\/p>\n<ul>\n<li style=\"text-align: justify;\">The Complainant asserts that the disputed domain name is confusingly similar to its trademark BOURSO; which includes the trademark BOURSO in its entirety; that the addition of the letters &ldquo;BK&rdquo; which is a common abbreviation of the term &ldquo;BANK&rdquo;, is not sufficient to escape the finding of being confusingly similar to the Complainant&rsquo;s trademark BOURSO.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name since it is not known as the disputed domain name, citing <em>Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group<\/em>, NAF Case No. FA 1781783, where the WhoIs information differs from the respondent, as in this case.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that the Respondent is not affiliated with nor authorized by the Complainant in any way; that the Complainant does not carry out any activity for, nor has any business with the Respondent; that neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark BOURSO or apply for registration of the disputed domain name.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that the disputed domain name resolves to a parking page with commercial links (or in this case a &ldquo;PPC&rdquo;), and that has been used in a phishing scheme, which does not constitute a <em>bona fide<\/em> offering of goods or services, nor a non-commercial or fair use according to 4(c)(i) and 4(c)(iii) of the Policy.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">The Complainant contends that the disputed domain name is confusingly similar to its well-known trademark BOURSORAMA; that then, it is reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant's trademark. The Complainant contends that the use of the disputed domain name, which pointed to a parking page with commercial links, and additionally used for a phishing scheme, falls into paragraph 4(b)(iv) and 4(b)(iii) of the Policy, respectively.<\/li>\n<\/ul>",
    "rights": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": [
        "María Alejandra López García"
    ],
    "date_of_panel_decision": "2025-01-07 00:00:00",
    "informal_english_translation": "<p style=\"text-align: justify;\">The Complainant founded in 1998, is a subsidiary of the Soci&eacute;t&eacute; G&eacute;n&eacute;rale group, with its main seat in Boulogne-Billancourt, France. The Complainant is one of the most important players in digital banking in Europe, a pioneer and leader in: online banking and economic and financial information online. The Complainant with over 6 million customers, leads the ranking of digital banks, and &lsquo;www.boursorama.com&rsquo; registered in 1998, is the number one financial portal in France.<\/p>\n<p style=\"text-align: justify;\">The Complainant owns the following Trademarks:<\/p>\n<p style=\"text-align: justify;\">- French Trademark for BOURSO (word mark), Reg. No. 3009973, in International Classes (ICs) 9, 35, 36, 38, 41, 42, registered on February 22, 2000, and in force until February 22, 2030.<\/p>\n<p style=\"text-align: justify;\">- European Trademark for BOURSORAMA (word mark), Reg. No. 001758614, in ICs 9, 16, 35, 36, 38, 41, 42, registered on October 19, 2001, and in force until July 13, 2030.<\/p>\n<p style=\"text-align: justify;\">The disputed domain name &lt;<strong>boursobk.com<\/strong>&gt; was registered on <strong>August 29, 2024<\/strong>. The disputed domain name resolved to a website with pay-per-click (&ldquo;PPC&rdquo;) with links related to the Complainant&rsquo;s business activity and it has been used for phishing scheme. By the time of this Decision, resolves to an inactive website with no content on it.<\/p>",
    "decision_domains": {
        "boursobk.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}