BOURSORAMA S.A. v. GDPR Masked et al.
Claim Number: FA1807001794828
Complainant: BOURSORAMA S.A. of Boulogne Billancourt, France.
Complainant Representative:
Complainant Representative: Nameshield of Angers, France.
Respondent: GDPR Masked of GDPR Masked, GDPR Masked, Unknown, US.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: DotOnline Inc.; DotSite Inc.; DotSpace Inc.; Personals TLD Inc.
Registrars: PDR Ltd. d/b/a PublicDomainRegistry.com
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
Honorable John A. Bender Honorable, as Examiner.
Complainant submitted: July 2, 2018
Commencement: July 2, 2018
Default Date: July 17, 2018
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Examiner adopts the statement of facts set forth in the complaint.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
A. The domain name is confusingly similar to the Complainant’s trademark
The domain names are confusingly similar to the European trademark "BOURSO" n° 3009973, registered on February 22d,
2000. This trademark is also registered in the TMCH since September 8th, 2014.
The addition of the related generic word “redirect” and a hyphen before the Complainant’s distinctive trademark in the disputed domain names is not sufficient to avoid the likelihood of confusion with the trademark “BOURSO. The addition of the new gTLD suffixes “tech”, “space”, “site”, and “online” is not sufficient to escape the finding that the domain names are confusingly similar to the Complainant's trademark “BOURSO”.
Indeed, the terms of the suffixes are the generic words compared with the distinctive expression "BOURSO", and therefore do not eliminate the likelihood of confusion with the Complainant's trademark.
B. Registrant has no legitimate right or interest to the domain name
The Registrant has no rights or interests in respect of the domain names and are not related to the Complainant’s business. The Registrant was not licensed or authorized by the Complainant to register the disputed domain names. The domain name <redirect-bourso.tech> resolves to
the webpage with pay-per-click-links. The Registrant has not developed demonstrable preparations to use the domain name in connection with a bona fide offering of goods or services.
C. The domain name was registered and is being used in bad faith
The domain names are confusingly similar to the trademark "BOURSO" n° 3009973, registered on February 22d, 2000. It is also registered in the TMCH since September 8th, 2014.
The Complainant and its distinctive trademark are known by a significant portion of the public in several countries through its online banking services. The websites in relation with the disputed domain names are not active, except of the domain name <redirectbourso.tech> which resolves to the webpage with pay-per-click-links. The three other domain names redirect to the URL (referring to the Complainant): <https://www.clients.boursorama.com.particuliers.site/Boursorama/>. The respondent has not developed a demonstrable preparations to use the domain name in connection
with a bona fide offering of goods or services.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.
Honorable John A. Bender, Examiner
Dated: July 17, 2018
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