Panel Decision for dispute CAC-ADREU-008956

There are no other legal proceedings of which the Panel is aware which are pending or decided and which relate to the disputed domain name.

The Complainant, operating under the name BOURSOBANK, offers financial products online, including online brokerage, financial information on the Internet and online banking. The portal www.boursorama.com is the first national financial and economic information site and the first French online banking platform. The Complainant is the owner of the international trademark BOURSOBANK n°1757984 registered since August 28, 2023 and the French trademark BOURSOBANK n°4963901 registered since January 5, 2024. The Complainant also owns the domain names <boursobank.com>, registered since November 23, 2005 and <boursobank.eu>, registered since April 7, 2006.

The disputed domain name <bursobank.eu> was registered on May 25, 2026. It resolves to a parking page. MX servers are configured.

The disputed domain name <bursobank.eu> is confusingly similar to the Complainant's trademark BOURSOBANK, which is famous.

The Respondent has no rights or legitimate interest in respect of the disputed domain name. The Respondent is not identified in the Whois database as the disputed domain name and is not known as the disputed domain name. The Respondent is not known by the Complainant and 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 BOURSOBANK, nor to apply for registration of the disputed domain name, which is a typosquatted version of the BOURSOBANK trademark.

The disputed domain name was registered and is being used in bad faith. Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks and that the misspelling of the trademark BOURSOBANK was intentionally designed to be confusingly similar to the Complainant’s trademarks. The disputed domain name resolves to a parking page. 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.  Finally, the disputed domain name has been set up with MX records, which suggests that it may be actively used for email purposes. This is also indicative of bad faith registration and use because any email emanating from the disputed domain name could not be used for any good faith purpose.

No administratively compliant Response has been filed.

Article 22 of the Regulation (EC) No. 874/2004 provides that an ADR procedure may be initiated by any party where the registration is speculative or abusive within the meaning of Article 21, which provides that a registered domain name shall be subject to revocation where the name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or EU law and where:

(a) it has been registered by its holder without rights or legitimate interest in the name; or

(b) it has been registered or used in bad faith.

The Panel is satisfied that the disputed domain name <bursobank.eu> is confusingly similar to a name in respect of which the Complainant has rights recognised by EU law by virtue of its famous  International and French BOURSOBANK trademarks. 

As to rights or legitimate interest, it is clear that the Respondent had no rights or legitimate interest in the name "bursobank" when it registered the typosquatted disputed domain name.

As to bad faith, the fame of the Complainant's trademark and the typosquatted nature of the disputed domain name make it clear that the Respondent was fully aware of the Complainant's BOURSOBANK trademark when registering the disputed domain name and configuring MX records, which allow emails purporting to emanate from the Complainant to be sent by the Respondent. This establishes that the disputed domain name was registered in bad faith.

Since the Complainant, based in France, is an undertaking that is established in the Union, the Complainant is eligible to register the disputed domain name under the registration provisions of Article 20 of Regulation (EU) 2019/517.

For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the disputed domain name bursobank.eu be transferred to the Complainant.