G7 v. Domains By Proxy, LLC
Claim Number: FA2102001931429
Complainant: G7 of CLICHY, International, France.
Complainant Representative: Nameshield of Angers, International, France.
Respondent: Registration Private / Domains By Proxy, LLC of Scottsdale, Arizona, US.
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
Registrars: GoDaddy.com, LLC
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Examiner in this proceeding.
Terry F. Peppard, as Examiner.
Complainant submitted: February 9, 2021
Commencement: February 9, 2021
Default Date: February 24, 2021
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") to provide to Respondent timely and fair notice of the commencement of this proceeding and of its right to respond to the Complaint filed herein.
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
URS Procedure 1.2.6. requires Complainant to make out 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:
1. The registered domain name is identical or confusingly similar to
a mark for which Complainant holds a valid national or regional registration and that it is in current use;
2. Registrant has no right to or legitimate interest in the domain name;
and
3. The same domain name was registered and is being used by
Respondent in bad faith.
Identity or Confusing Similarity
In its Complaint, Complainant shows that it holds a valid registration for the
trademark TAXIS G7, which is on file with the European Union Intellectual Property Office (“EUIPO”) as Registry No. 008445091, registered January 12, 2010, with an expiry date of July 6, 2029, in Nice classes 9 [apparatus for controlling radiotelephones, etc.], 12 [vehicles for locomotion, etc.], 35 [advertising, etc.], 37 [motor vehicle maintenance and repair services, etc.], 38 [telecommunications, etc.] and 39 [escorting of travelers and transport of passengers, etc.], and that the mark is in current use.
The relevant WHOIS information shows that Respondent registered the challenged <g7-reservation.taxi> domain name on February 1, 2020.
Both elements of the TAXIS G7 mark are incorporated in the domain name, with only their order of appearance reversed, plus the deletion of the letter “s” from TAXIS, and the addition of a hyphen and a period as well as the generic term “reservation,” which refers to a core aspect of Complainant’s business and thus contributes to the confusing similarity of the domain name with the mark.
The punctuation marks added to Complainant’s trademark in forming the domain name are of no consequence to our analysis of the question of confusing similarity because they do not affect the meaning of the result or its phonetic qualities.
The domain name <g7-reservation.taxi> is therefore confusingly similar to Complainant’s registered and active TAXIS G7 mark.
Registrant’s Rights or Interests
There is nothing in the record to suggest that Respondent has any affiliation with Complainant, nor is there any evidence indicating that Complainant has authorized Respondent to use its TAXIS G7 mark, whether in a domain name or otherwise. There is likewise nothing in the record showing that Respondent has been commonly known by the <g7-reservation.taxi> domain name, as to which Complainant asserts that it has not been so known.
Complainant also asserts, without objection from Respondent, that the website resolving from the domain name is a blank page and that Respondent has made no preparations to employ the domain name in support of a bona fide offering of goods or services.
Complainant further contends, again without contravention from Respondent, that Respondent could not use the domain name without infringing upon Complainant’s rights in its TAXIS G7 mark.
On these undenied facts, we find that Respondent has neither any rights to nor any legitimate interests in the contested domain name.
Registrant’s Bad Faith
Under the URS Procedure, essentially the same considerations which establish that Respondent has no rights to or legitimate interests in the disputed <g7-reservation.taxi> domain name are also pertinent to consideration of the question whether the domain name has been registered and is being used in bad faith. See URS Procedure¶5.7. To this can be added that Complainant alleges that Respondent knew of Complainant and its rights in the TAXIS G7 mark when it registered the disputed domain name, which assertion Respondent does not deny.
These facts, together with Respondent’s failure even to make demonstrable preparations to use the domain name in a legitimate undertaking in the full year since its registration, which passive holding is a form of use that prevents Complainant from reflecting its mark in a corresponding domain name, persuade us that Respondent has exhibited bad faith in the registration and use of the domain name.
Our review of the record discloses no evidence suggesting that the Complaint was brought in abuse of this proceeding or that it contains any material falsehood.
Upon review of Complainant’s submissions, we find that Complainant has proven all three elements of the URS by clear and convincing evidence. We therefore Order that the <g7-reservation.taxi> domain name be SUSPENDED for the duration of its registration.
Terry F. Peppard, Examiner
Dated: March 1, 2021
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