{ "case_number": "CAC-UDRP-107502", "time_of_filling": "2025-04-22 09:49:23", "domain_names": [ "bourso.vip" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOURSORAMA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "h" ], "respondent_representative": null, "factual_background": "

Facts asserted by the Complainant and not contested by the Respondent:<\/span><\/p>\n

 <\/span><\/p>\n

The Complainant is an online bank with over 6 million customers in France, and its online banking platform has over 41,5 million visits each month. In addition to its above mentioned BOURSO trademark, the Complainant owns a number of domain names, including the domain name <bourso.com> which was registered since January 11, 2000.<\/p>\n

 <\/span><\/p>\n

T<\/span>he disputed domain name was registered on April 16, 2025 and resolves to a webpage which offers the disputed domain name for sale for an amount of €307.12.<\/span><\/p>\n

The Complainant asserts that the disputed domain name is identical to its BOURSO trademark.<\/span><\/p>\n

The Complainant further asserts that the Respondent  has no rights or legitimate interests in respect of the disputed domain name because the Respondent is not identified in the Whois database as the disputed domain name, the Respondent is not affiliated with nor authorized by the Complainant in any way, the Complainant has not licensed nor authorized the Respondent to make any use of the Complainant’s BOURSO trademark, or apply for registration of the disputed domain name, and the Respondent offers the disputed domain name for sale.<\/span><\/p>\n

Further, the Complaint asserts that it and its BOURSO trademark have a significant reputation in France and abroad in connection with online financial services, and a previous panel decision has found the Complainant’s BOURSO trademark “well known in France” (“notoirement connues en France”; Boursorama S.A. contre Contact Privacy Inc. Customer 1249617786 \/ Marcou<\/em>, WIPO Case No. D2021-0671). On those facts, given the distinctiveness of the Complainant's trademarks and reputation, the Complainant contends that it is reasonable to infer that the Respondent had registered the disputed domain name with full knowledge of the Complainant's trademarks. Moreover, according to the Complainant the Respondent fails to make an active use of the disputed domain name, which is evidence of bad faith registration and use of the disputed domain name. Furthermore, the Complainant contends that the Respondent has registered the disputed domain name only in order to sell it back for out-of-pockets costs, which also evidences bad faith registration and use.<\/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": "

The Complainant´s contentions are summarised above.<\/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": "

\n
\n
\n
The Panel does not need to address this requirement in view of its finding that the Complainant did not prove the third element of paragraph 4(a) of the Policy.<\/div>\n<\/div>\n<\/div>\n<\/div>\n
\n
\n
<\/div>\n<\/div>\n<\/div>", "bad_faith": "

The Complainant failed to show that 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": "Rejected", "panelists": [ "Alfred Meijboom" ], "date_of_panel_decision": "2025-05-21 00:00:00", "informal_english_translation": "

The Complainant is owner of French national trademark BOURSO with registration number 3009973 of February 22, 2000 for goods and services in classes 9, 35, 36, 38, 41 and 42.<\/span><\/p>", "decision_domains": { "bourso.vip": "REJECTED" }, "panelist": null, "panellists_text": null }