D2000-1525 holding that confusing similarity under the Policy is decided upon the inclusion of a trademark in the domain name; and Rollerblade, Inc. v. Chris McCrady, In this case, Respondent was given the opportunity by way of Response to demonstrate any rights or legitimate interests in the disputed domain name pursuant to paragraph 4(c) of the Policy. UDRP panels have repeatedly held that the specific top level of the domain name such as “.org”, “.net” or “.com” may be disregarded for the purpose of determining whether a domain name is identical or confusingly similar to a trademark (see Magnum Piering, Inc. v. The Mudjackers and Garwood S. Wilson, Sr., D2000-0216 (finding that “Respondent has used the [disputed domain name] in bad faith by using it as the address to a [website] which contains content slavishly copied without license or authority” from Complainant’s site). Respondent provided no original content on the Website whatsoever. Complainant asserts that based on the geographical terms associated with Complainant’s VICEROY trademark in the disputed domain name and the contents of the web page associated with the disputed domain name Complainant has made out a prima facie case that Respondent would not have chosen the disputed domain name unless Respondent was seeking to intentionally trade on the goodwill associated with Complainant’s VICEROY trademark. The Residences at Viceroy Ombria Resort Algarve are not owned, developed, sold or marketed by Viceroy Cayman, Ltd., Viceroy International Holdings Ltd. or any of their respective affiliates. Viceroy Hotels & Resorts, a golf course and residences nestled in the hills amongst oak trees, olive groves and cool streams of refreshing clear water. Buy It Now +C $2.94 shipping. Seth Hiatt is raising funds for "Viceroy" Fantasy Pyramid Card/Board Game 1-4 Players 45 Min on Kickstarter! Respondent (or its client) had been using the disputed domain name to host a website captioned “Yas Viceroy Abu Dhabi” that is a knock-off of Complainant's website for its “Yas Viceroy Abu Dhabi” property. On June 3, 2014 in the Response to the Request for Registrar Verification the Registrar advised the Center that the Registrant of the disputed domain name is Next Reservation Ltd, “[…]@yournextstay.com”, having a postal address in Auckland, New Zeeland. Id. Company Incorporations and Registered Office services. Respondent has also used the disputed domain name in bad faith by registering or maintaining a registration that is identical to Complainant’s VICEROY trademark and the name of Complainant’s well-known Yas Viceroy Abu Dhabi property. D2001-0067 ("rights or legitimate interest cannot be created where the user of the domain names at issue would not choose such a name unless he was seeking to create an impression of association with the complainant"). The Panel finds that Complainant has proven on a balance of probabilities that Respondent used the disputed domain name in bad faith within the meaning of paragraphs 4(b)(ii) and 4(b)(iv) of the Policy and that Complainant satisfies the requirements under paragraph 4(a)(iii) of the Policy. Previous panel decisions under the UDRP have found it sufficient for a complainant to make a prima facie case showing that a respondent does not have any rights or legitimate interests in a domain name or domain names. Respondent has registered or acquired the disputed domain name comprised of Complainant’s well-known trademark and the geographical terms “Yas” and “Abu Dhabi” which describe the geographical location of Complainant’s hotel in the United Arab Emirates. The links provided on the website directed the user to third party websites unrelated to Complainant. Complainant asserts that Respondent used the disputed domain name to resolves to a website operated by Respondent, before it was taken down after a cease and desist letter. The Residences at Viceroy Ombria Resort Algarve are not owned, developed, sold or marketed by Viceroy Cayman, Ltd., Viceroy International Holdings Ltd. or any of their respective affiliates. It’s clear from your first walk on the soft white sand: Our luxury St. Lucia resort is here to renew you. D2001-0067 (“rights or legitimate interest cannot be created where the user of the domain names at issue would not choose such a name unless he was seeking to create an impression of association with the complainant”). Our business isn’t about getting more people to smoke, or encouraging those that do smoke to smoke more. Privacy Protect.org responded by email advising Complainant that it must initiate proceedings under the UDRP before the identity of Registrant of the disputed domain name can be disclosed. Using fashion and tradition for creative inspiration, Viceroy watches and jewelry designs reflect the most up-to-date and charming trends . Complainant has obtained over 100 trademark registrations for the VICEROY trademark in jurisdictions around the world including without limitation the United States, Argentina, Brazil, China, India, Israel, Japan, Jordan, Mexico, New Zealand, Oman, Singapore, Thailand, Turkey, the Russian Federation, the European Community, the United Arab Emirates, and the United Kingdom. D2007-1415). Complainant forwarded a cease and desist letter to TravelScape, LLC on December 24, 2013 demanding that it cease any use of the disputed domain name. D2000-0044. The disputed domain name is therefore identical and confusingly similar to Complainant’s VICEROY trademark and Viceroy Hotel Group’s well-known property’s name; See, PG&E Corp. v. Samuel Anderson and PGE in the year 2000, WIPOCase No. Mufg Fund Services (Cayman) Limited is located in GEORGE TOWN, GRAND CAYMAN, Cayman Islands and is part of the Investment Firms Industry. Use of advertisements or links to steer consumers away from the rightful owner of the mark incorporated within the domain name in question is not fair or legitimate use: United Feature Syndicate, Inc. v. Mr. John Zuccarini, On June 11, 2014, the Center forwarded the Notification of Complaint and Commencement of Administrative Proceedings to Next Reservation Ltd and Privacy Protection Service, Inc. d/b/a PrivacyProtect.org by email and registered mail. Check our. However, Respondent did not file a Response nor avail itself of the benefits of paragraph 4(c) of the Policy. Complainant’s VICEROY trademark has been extensively used and advertised for many years in association with upscale hotels and associated services and is well known in relation to such services. See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, The Respondent did not submit any response. See, Microsoft Corporation v I. WIPO Case No. Complainant has obtained over 100 trademark registrations for the VICEROY trademark in jurisdictions around the world including without limitation the United States, Argentina, Brazil, China, India, Israel, Japan, Jordan, Mexico, New Zealand, Oman, Singapore, Thailand, Turkey, the Russian Federation, the European Community, the United Arab Emirates, and the United Kingdom of Great Britain and Northern Ireland (“Great Britain”). Complainant asserts that Respondent by creating and using webpages in association with the disputed domain name which have the look and feel of Complainant’s home page and are falsely stated to be Complainant’s home page and lead Internet users to third party websites is not making a legitimate noncommercial or fair use of the disputed domain name, without intent for commercial gain to misleadingly divert consumers. GEMS Menasa (Cayman) Limited Entity with Fitch Analyst Adjusted Financials as featured on Fitch Ratings. Sugar Beach, A Viceroy Resort. The Panel finds that Complainant has established rights in its trademark VICEROY and also proven that the disputed domain name is confusingly similar to Complainant’s registered trademark VICEROY. WIPO Case No. WIPO Case No. On June 2, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. Complainant filed an amended Complaint on June 6, 2014. The disputed domain name is comprised entirely of the name of Complainant's Yas Viceroy Abu Dhabi property. See, Drexel University v. David Brouda, See Charles Jourdan Holding AG v. AAIM, Complainant’s VICEROY trademark has been extensively used and advertised for many years in association with upscale hotels and associated services and is well known in relation to such services. Viceroy at Ombria Resort, Algarve, and the Viceroy Residences at Ombria Resort, Algarve, are not owned, developed, sold or marketed by Viceroy Cayman, Ltd., Viceroy International Holdings Ltd. or any of their respective affiliates (collectively, “Viceroy”). From 1996 till the 2006 gradually the company had a major renovation and expansion with an aggregate of 297 rooms, a mega convention centre, conference and banquet halls. 2. Time left 6d 13h left. In response to a notification by the Center that the Complaint was administratively deficient, Complainant filed an amendment to the Complaint on June 6, 2014. It is axiomatic that the content of a website associated with a disputed domain name may also be relevant to deciding issues relating to the bad faith registration and use of the domain name. The failure of Respondent to file a formal Response results in the Panel drawing certain inferences from Complainant’s evidence. A free inside look at company reviews and salaries posted anonymously by employees. 1964 Viceroy Cigarette Ad Duck Hunters Smoking. The Center sent an email communication to Complainant on June 6, 2014 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Holiday Co, The company's filing status is listed as Active and its File Number is Q08435. D2007-1469 (domain names at issue confusingly similar to complainant's trademark because most distinctive part of the mark resides in the domain name). Contemporaneously with the filing of this complaint, plaintiff is filing 12 The disputed domain name is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”). Viceroy Fund does have a website, a one-pager, at www.theviceroyfund.com. WIPO Case No. A link immediately below states: “Book Now”. This intentional infringement of the Complainant’s rights in itself amounts to registration and use in bad faith. WIPO Case No. Free returns. Such use is not legitimate noncommercial or fair use (see Asian World of Martial Arts Inc. v. Texas International Property Associates, Representative copies of Viceroy Hotel Group’s VICEROY registrations are collectively attached as an Annex to the Complaint. In order to register with the Cayman Islands Monetary Authority as a new director, you must first provide the following information: Once this information is received and it is confirmed that you do not already exist on our systems, CIMA will email you your logon credentials so … Complainant is Viceroy Cayman Ltd., George Town, Grand Cayman, Cayman Islands, Overseas Territory of the United Kingdom of Great Britain and Northern Ireland represented by Neal, Gerber & Eisenberg, United States of America. The fact that Respondent did not submit a formal Response does not automatically result in a decision in favor of Complainant. The Panel finds that Complainant has made a prima facie case that Respondent has no rights or legitimate interests in the disputed domain name . The Center appointed Ross Carson as the sole panelist in this matter on July 18, 2014. On June 2, 2014 the Center forwarded a “Request for Registrar Verification” to the Registrar Public Domain Registry.com requesting among other matters the name of the Registrant. Complainant submits that in registering the disputed domain name , Respondent knew or should have known that Complainant held rights in the trademark VICEROY. 0 bids. Opposer and its affiliates including its U.S entity Viceroy Hotels LLC (collectively referred to as "VICEROYHOTELGROUP")have been and still are Maples Corporate Services Limited has 25 total employees across all of its locations and generates $769,550 in sales (USD). See, Educational Testing Service v. TOEFL, Complainant submits that Respondent cannot establish a right to, or legitimate interest in, the disputed domain name. Respondent by creating and using webpages in association with the disputed domain name which have the look and feel of Complainant’s home page and are falsely stated to be Complainant’s home page and divert Internet users to third party websites was making use of the disputed domain name for commercial gain to misleadingly divert Internet consumers. Screen shots of Respondent’s website dated December 17, 2013 include the top line “Yas Viceroy Abu Dhabi Home”. New Listing 1984 Ford LTD / Viceroy Cigarette AD. See, Gallup, Inc. v. Amish Country Store, NAF Claim No.96209 (registrant has no rights in a domain name when registrant is not known by the mark). Low Taek Jho; Low Taek Szen; JW Hospitality (VHG Intl) Ltd.; FFP (Cayman) Ltd.; Mubadala Development Company PJSC; Viceroy Hotel Group; and Jynwel Capital Ltd. 4. Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that the disputed domain name should be cancelled or transferred: (i) the disputed domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and, (ii) Respondent has no rights or legitimate interests in respect of the disputed domain name; and. Viceroy Hotels Limited took up 150 Room 3 Star Hotel Project and commenced its commercial operations in 1993. D2000-1449. Complainant further submits that given the renown of the Viceroy name in connection with hotel resort and restaurant services; Complainant believes that Respondent would not have chosen the disputed domain name unless Respondent was seeking to intentionally trade on Complainant’s VICEROY trademark. There are 10 companies in the Maples Corporate Services Limited corporate family. In addition, Complainant maintains a website for each of its individual hotel properties that contain proprietary content promoting and describing that particular property. The Panel may accept all reasonable and supported allegations and inferences following there from in the Complaint as true. Complainant has no business or other relationship with Respondent. In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. Top Rated Seller Top Rated Seller. Complainant is also developing numerous other luxury Viceroy properties around the world, including in Bodrum and Istanbul, Turkey and Dubai, Abu Dhabi. Viceroy Houses is a leader in the design, engineering and manufacturing of panelized custom homes for homeowners, builders and developers alike. Complainant relies on its submission in Section A. Many of these supply partners tend to either focus exclusively on their domestic markets or have limited presence globally. We will get in touch with you shortly. The Panel relies on the findings in Section 6 C.1. Complainant submits that Respondent has no rights or legitimate interests in respect of the disputed domain name. Pursuant to paragraph 4(a)(iii) of the Policy, Complainant must prove that the disputed domain name has been registered and is being used in bad faith. Misland Capital has completed the acquisition of Sugar Beach, a Viceroy-flagged property in St Lucia. In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. Respondent’s website associated with the disputed domain name gives the impression to be an official legitimate Complainant’s website. This all-suite hotel features 116 newly renovated suites, offer guests a sophisticated residential hideaway. CH-1211 Geneva 20, Switzerland. Immediately below the link are photographs and extensive descriptions of the services offered by Complainant at its Yas Island Viceroy Abu Dhabi property, which Complainant alleges embody original works of authorship that are protected by copyright. Viceroy has established strategic alliances with a range of leading manufacturers and suppliers in the food and food equipment industry internationally. Based on the evidence before the Panel, the Panel finds that Complainant has proven on a balance of probabilities that Respondent does not have any rights or legitimate interests in the disputed domain name. 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