{ "case_number": "CAC-UDRP-106666", "time_of_filling": "2024-07-04 09:28:43", "domain_names": [ "g7taxiclick.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "G7" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Yacine Touati" ], "respondent_representative": null, "factual_background": "

Founded in 1905, G7 Group is Europe's leading cab operator, and holds the leading cab booking platform in France and Europe, with 10,000 affiliated cabs. It also provides vehicle rental and logistics services. G7 GROUP covers over 20 countries and over 230 cities in France, which makes it possible to carry out over 33 million people transported each yea<\/span>r.<\/p>\n

The Complainant owns a large portfolio of trademarks including the wording G7 with legal effects in all the European Union from 2009. <\/p>\n

Furthermore, the Complainant owns multiple domain names consisting in the wording G7, such as <taxis-g7.com> registered since January 17, 1997.<\/p>\n

The disputed domain name <g7taxiclick.com> was registered on July, 2, 2024 and redirects to a website purporting to be a Complainant’s competitor by offering taxi services<\/span>. Besides, MX servers are configured<\/span>.<\/strong><\/p>\n

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    <\/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": "



    COMPLAINANT:<\/span>
    <\/span><\/p>\n

    The Complainant submits sufficient evidence in order to prove its trademark rights on the term G7.<\/span>

    Furthermore, the Complainant contends, in relevant part, as follows:<\/span>

    - The disputed domain name <<\/span>g7taxiclick.com> is confusingly similar to the Complainant trademarks <\/span>as the trademark G7 is identically reproduced and the addition of the term CLICK is not sufficient to avoid the likelihood of confusion.<\/p>\n

    - The Respondent has no rights or legitimate interests in respect of the disputed domain name <g7taxiclick.com> because:<\/p>\n

     (i) it is not related in any way with the Complainant;<\/p>\n

     (ii) neither license nor authorization has been granted to the Respondent to make any use of the Complainant trademarks, or apply for registration of the disputed domain name by the Complainant;<\/p>\n

    (iii) the Respondent uses the disputed domain name to offer services in direct competition with the Complainant and using a confusingly similar domain name that resolves to a competing webpage is not a bona fide offering of goods or services.<\/p>\n

    - The disputed domain name has been registered and used in bad faith because the<\/span> Respondent registered the disputed domain name with actual knowledge of the Complainant´s trademarks and the disputed domain name <g7taxiclick.com> points to a website offering competing services. The Complainant further argues that the Respondent registered and used the disputed domain name to attract Internet users and offer possibly fraudulent services while impersonating the Complainant or, at a minimum, disrupt the Complainant’s business by offering services in direct competition with the Complainant. Furthermore, the Complainant notes that the disputed domain name has been set up with MX records which suggests that it may be actively used for email purposes. This, in the Complainant's view, 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.<\/span><\/p>\n

    RESPONDENT:<\/span>
    <\/span><\/p>\n

    The Respondent contends, in relevant part, as follows:<\/span><\/p>\n

    - The disputed domain name <g7taxiclick.com> contains the elements G7 and TAXI, but it also includes the term CLICK, and the combination of these terms creates a unique domain name intended for a specific online taxi booking service that stands apart from the Complainant’s existing business;<\/p>\n

     - The disputed domain name in dispute was chosen to reflect the online nature of the services offered and does not imply an affiliation with the Complainant;<\/p>\n

     - Prior to any notice of the dispute, the Respondent has made demonstrable preparations to use the disputed domain name in connection with a bona fide offering of services including the development of a website and business plan for the online taxi booking service;<\/p>\n

     - The disputed domain name was not registered with the intent to sell, rent, or transfer it to the Complainant or any competitor for a profit;<\/p>\n

     - The Respondent has not registered the disputed domain name to prevent the Complainant from reflecting its mark in a corresponding domain name;<\/p>\n

     - The disputed domain name <g7taxiclick.com> is intended for a legitimate online service, which operates independently and does not compete directly with the Complainant's services;<\/p>\n

     - The disputed domain name <g7taxiclick.com> is not intended to attract internet users by creating confusion with the Complainant's trademark; in particular, in the Respondent's view, the addition of the term CLICK clearly indicates an online service, differentiating it from the Complainant's traditional and digital taxi service;<\/p>\n

     - The Respondent is not using the disputed domain name for any monetary benefit as there are clearly no commercial products being promoted and offered for sale;<\/p>\n

    - The web site under the domain name in dispute makes no reference to the business carried out by the Complainant.<\/span>

    <\/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": "

    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": [ "Guido Maffei" ], "date_of_panel_decision": "2024-07-16 00:00:00", "informal_english_translation": "

    The Complainant is the owner, amongst others, of the following trademark registrations:<\/span><\/p>\n

    - French trademark \"G7\" (dev.) no. 4259547, filed on 24\/03\/2016 and granted on 15\/07\/2016 in class 12;<\/p>\n

    - EUTM \"G7\" (dev.) no. 16399263, filed on 23\/02\/2017 and granted on 07\/07\/2017 for classes 37, 38 and 39;<\/p>\n

    - EUTM \"TAXIS G7\" no. 8445091, filed on 06\/07\/2009 and granted on 12\/01\/2010 for classes 9, 12, 35, 37, 38 and 39 and duly renewed.<\/p>", "decision_domains": { "g7taxiclick.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }