Environmentally friendly, it includes a full range of cutting edge amenities, designed to meet your expectations: Spa, health, fitness, leisure and entertainment facilities; food and beverage 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. The Panel finds that Complainant has made a prima facie case that Respondent has no rights or legitimate interests in the disputed domain name . Viceroy Hotel Group serves customers worldwide. Complainant is also developing numerous other luxury Viceroy properties around the world, including in Bodrum and Istanbul, Turkey and Dubai, Abu Dhabi. Viceroy evolves from season to season, as colors and fashion trends change. Appropriating another’s entire mark and adding geographic matter to it (i.e. 2. Here, there is clear evidence of slavish copying on the website associated with the disputed domain name , as nearly the entire content was scraped verbatim from Complainant’s website for its Yas Abu Dhabi hotel on Complainant’s Viceroy Hotel Group website. WIPO Case No. On June 3, 2014, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Notification of Complaint and Commencement of Administrative Proceeding was found to be undeliverable at the email address listed in the WhoIs for Next Reservation Ltd and the registered mail sent to Next Reservations Ltd at the address provided was returned as the address was stated to be invalid. 3 immediately above as evidence of use in bad faith. Pre-Owned. Screen shots of Respondent’s website dated December 17, 2013 include the top line “Yas Viceroy Abu Dhabi Home”. 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. Id. Complainant through cease and desist letters to Respondent and its predecessors has objected to the registration and use of the disputed domain name, to which Respondent and its predecessors failed to adequately respond. The WhoIs for the disputed domain name was updated on June 3, 2014 to show the registrant as Next Reservation Ltd. Complainant filed an amended Complaint with the Center on June 6, 2014, naming the Registrant shown in the WhoIs of June 3, 2014. 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”). Respondent’s website associated with the disputed domain name gives the impression to be an official legitimate Complainant’s website. Viceroy Holdings Ltd. is a Florida Agent filed on December 14, 1984. Company Incorporations and Registered Office services. Forfeiture Complaint in USA v. Certain rights to and interests in the Viceroy Hotel Group at the U. S. District Court for the Central District of California. the words “Yas” and “Abu Dhabi” are not sufficient to give rise to distinctiveness in their own right), and does not avoid likely confusion. See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, 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. Pursuant to paragraph 4(a)(i) of the Policy, Complainant must establish rights in a trademark and secondly that the disputed domain name is identical to or confusingly similar to the trademark in which Complainant has rights. D2000-1493. See, United Feature Syndicate, Inc. v. Mr. John Zuccarini, It is well established by prior UDRP panels that where a domain name has been created by a respondent by adding a descriptive or generic word to a distinctive mark in which the complainant has rights, then such a domain is to be considered confusingly similar to complainant's mark for the purposes of paragraph 4(a)(i) of the Policy (see section 1.9 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition (WIPO Overview 2.0); e.g. 34, chemin des Colombettes Such use is not legitimate noncommercial or fair use (see Asian World of Martial Arts Inc. v. Texas International Property Associates, D2000-0429 finding that the top level of the domain name such as “.net” or “.com” does not affect the domain name for the purpose of determining whether it is identical or confusingly similar). 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”). 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 accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 11, 2014. Check our. By late 2012, Viceroy was in play again and snapped up by Canada Wood Frame Solutions Ltd. in a bid to bring Viceroy Homes to China. 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. D2000-0044. 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. Complainant’s VICEROY trademark was registered and widely used years before the disputed domain name was registered on November 26, 2013. See, Educational Testing Service v. TOEFL, WIPO Case No. WIPO Case No. The company's filing status is listed as Active and its File Number is Q08435. See, TPI Holdings Inc. v .JB Designs, 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. The Center appointed Ross Carson as the sole panelist in this matter on July 18, 2014. Complainant is a corporation organized under the laws of the Cayman Islands with a registered office in the Cayman Islands. This intentional infringement of the Complainant’s rights in itself amounts to registration and use in bad faith. On February 24, 2014, Complainant wrote to Privacy Protection Services Inc. d/b/a Privacy Protect.org, the proxy service, requesting it to provide Complainant with the identity of Registrant of the disputed domain name. 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. Respondent provided no original content on the Website whatsoever. There are 10 companies in the Maples Corporate Services Limited corporate family. Complainant relies on its submission in Section A. CH-1211 Geneva 20, Switzerland. Pursuant to paragraph 4(a)(ii) of the Policy, Complainant must prove that Respondent has no rights or legitimate interests in respect of the disputed domain name. Under paragraph 4(b)(iv) of the Policy, inter alia, the following circumstances shall be evidence of use and registration of a domain name in bad faith: by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, Internet users to the registrant’s website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of its website or location or of a product or service on its website or location. WIPO Case No. D2000-1449. Many of these supply partners tend to either focus exclusively on their domestic markets or have limited presence globally. WIPO Case No. The Panel may accept all reasonable and supported allegations and inferences following there from in the Complaint as true. In view of the above findings, the Panel concludes that Respondent registered or acquired the disputed domain name in bad faith. We will get in touch with you shortly. 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. 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. On-boarding of new business, Compliance and Due Diligence. 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. Complainant states that except for the irrelevant addition of “.com” the disputed domain name prominently features the Viceroy name in connection with the name of Complainant’s hotel and resort property on Yas Island, Abu Dhabi. It’s clear from your first walk on the soft white sand: Our luxury St. Lucia resort is here to renew you. It is well-established that the mere registration of a domain name does not confer trademark rights upon the registrant and that such rights can arise only through the bona fide offering of goods or services. See, Drexel University v. David Brouda, D2000-1264 (“the addition of the gTLDs “.com” and “.net” are without legal significance from the standpoint of comparing the disputed domain names” to Complainant's claimed marks); see also M Wile & Company Inc. d/b/a Exclusively Misook v. Standard Tactics LLC ,WIPOCase 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. Accordingly, Respondent cannot establish a bona fide interest in the disputed domain name. See, Drexel University v. David Brouda, For example, Complainant maintains a website at “www.viceroyhotelsandresorts.com/en/abudhabi” for its Yas Viceroy Abu Dhabi resort at Yas Island, Abu Dhabi. Credit Ratings, Research and Analysis for the global capital markets. The disputed domain name is comprised entirely of the name of Complainant's 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. D2003-0455. Complainant further submits that Respondent also has no rights or legitimate interests in the disputed domain name because it is not referred to or commonly known as “yasviceroyabudhabi.com”. Viceroy Houses | 692 followers on LinkedIn. Ross Carson Sole Panelist Date: July 28, 2014, Madrid – The International Trademark System, Lisbon – The International System of Geographical Indications, Budapest – The International Microorganism Deposit System, Centralized Access to Search and Examination (CASE), SCCR - Standing Committee on Copyright and Related Rights, SCP - Standing Committee on the Law of Patents, SCT - Standing Committee on the Law of Trademarks, IGC - Intergovernmental Committee on IP & GR, TK & Folklore, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition. A free inside look at company reviews and salaries posted anonymously by employees. D2004-0487 where the panel stated“A number of WIPO UDRP cases have established that, by virtue of paragraph 4(c) of the Policy, once a Complainant establishes a prima facie case that none of the three circumstances establishing legitimate interests or rights applies, the burden of production on this factor shifts to the Respondent.” See also section 2.1 of the WIPO Overview, 2.0 and Croatia Airlines d d v. Modern Empire Internet Ltd, Mufg Fund Services (Cayman) Limited has 4 total employees across all of its locations and generates $623,420 in sales (USD). The Company offers dining, accommodation, special events, and personal services. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. Time left 6d 13h left. The disputed domain name , incorporate Complainant’s VICEROY trademark as the distinctive element of the disputed domain name. Complainant further promotes its VICEROY trademark and services through numerous websites maintained by Complainant, including its website maintained at the domain name . Misland Capital has completed the acquisition of Sugar Beach, a Viceroy-flagged property in St Lucia. Using fashion and tradition for creative inspiration, Viceroy watches and jewelry designs reflect the most up-to-date and charming trends . 1964 Viceroy Cigarette Ad Duck Hunters Smoking. It’s about really understanding and meeting the different profiles and preferences of adult smokers. Enjoy the privacy and beauty of 100 acres of pristine rainforest on the Caribbean Sea. 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. Accordingly, the Center notified the Respondent’s default on July 4, 2014. Your Information is 100% Secure and will never be shared with anyone. HMS Cayman Limited Nov 2015 - Present 5 years 2 months. In accordance with the Rules, paragraph 5(a), the due date for Response was July 1, 2014. 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. Complainant submits that Respondent cannot establish a right to, or legitimate interest in, the disputed domain name. C $7.10. 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”). The content of the website includes pictures of Yas Island, Complainant’s Viceroy hotel with its outstanding architecture as well as a description of all the services available at Complainant’s Viceroy Yas Island Abu Dhabi hotel. 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. (iii) the disputed domain name has been registered and is being used in bad faith. 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, Microsoft Corporation v I. For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name be transferred to Complainant. The Center verified that the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). A link immediately below states: “Book Now”. 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. See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, WIPO Case No. Runaway Hit at Essen! 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. Representative copies of Viceroy Hotel Group’s VICEROY registrations are collectively attached as an Annex to the Complaint. Viceroy Hotel Group LLC operates as a hotel. 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”). There are 1739 companies in the Mufg Fund Services (Cayman) Limited corporate family. The disputed domain name is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”). Respondent appropriated Complainant’s entire trademark, VICEROY, as the dominant element of the disputed domain name. 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. 76 Viceroy Hotel Group reviews. Viceroy Fund does have a website, a one-pager, at www.theviceroyfund.com. Respondent has prevented Complainant from registering the VICEROY trademark specifying its Yas Viceroy Abu Dhabi resort as a “.com” domain name. Seth Hiatt is raising funds for "Viceroy" Fantasy Pyramid Card/Board Game 1-4 Players 45 Min on Kickstarter! The inclusion of the gTLD “.com” in the disputed domain name does not affect a finding of confusing similarity. Complainant further submits that Respondent has also used the disputed domain name in bad faith by registering and maintaining a registration that is identical to Complainant’s VICEROY trademark and the name of the well-known Yas Viceroy Abu Dhabi property, Respondent has prevented Viceroy Hotel Group from registering the VICEROY mark specifying its Yas Viceroy Abu Dhabi resort as a “.com” domain name. Complainant is Viceroy Cayman Ltd. of Grand Cayman, Cayman Islands, Overseas territory of the United Kingdom of Great Britain and Northern Ireland, represented by Neal, Gerber & Eisenberg LLP, United States of America. Viceroy L'Ermitage Beverly Hills stands among the finest of Beverly Hills California luxury hotels, a stately property embodying the spirit of a sophisticated private club and a gracious urban residence. 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. Paragraph 15(a) of the Rules instructs this Panel to “decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”. 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. Complainant has not permitted Respondent to register or use any domain name incorporating its VICEROY trademark. Complainant operates Viceroy properties located in Santa Monica (Los Angeles), Palm Springs (Southern California), New York, Snowmass (Colorado), and Miami in the United States, as well as in Mexico, St. Lucia, the Maldives and Anguilla. Viceroy Hotels Limited took up 150 Room 3 Star Hotel Project and commenced its commercial operations in 1993. Free returns. The Registered Agent on file for this company is Neiman, Jan S. and is located at Reiseman, Lamont & Neiman, P.A., Miami, FL 33137. The fact that Respondent did not submit a formal Response does not automatically result in a decision in favor of Complainant. WIPO Case No. Unauthorized use of copyrighted material in a website may also be relevant to a respondent’s intent. Hachette Filipacchi Presse v. Vanilla Limited/Vanilla Inc/Domain Finance Ltd., WIN, Based on the geographical elements of the disputed domain name associated with Complainant’s VICEROY trademark and the contents of the web page associated with the disputed domain name the Panel infers that Respondent would not have chosen the disputed domain name at the date of registration or acquisition unless Respondent was seeking to intentionally trade on the goodwill associated with Complainant’s VICEROY trademark and more particularly on the reputation of Complainants VICEROY hotel known as Yas Island Viceroy Abu Dhabi hotel. The Viceroy watchers and jewelry collections offers a distinguished look and edge that is chic, modern, and bold. D2000-1133 (even without a pattern of “preclusive registrations”, registrant’s deliberate registration of the domain names corresponding to the mark at issue constituted evidence of bad faith). Accordingly, Respondent cannot establish a bona fide interest in the disputed domain name. D2007-1469 (domain names at issue confusingly similar to complainant's trademark because most distinctive part of the mark resides in the domain name). 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. D2000-0403. See Charles Jourdan Holding AG v. AAIM, D2007-1415). The failure of Respondent to file a formal Response results in the Panel drawing certain inferences from Complainant’s evidence. The Panel relies on the findings in Section 6 C.1. 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. Respondent has not made, nor is it making, a legitimate noncommercial or fair use of the disputed domain name. On May 31, 2014 Complainant filed the original Complaint naming Privacy Protection Services Inc. d/b/a Privacy Protect.org as Respondent. WIPO Case No. It is difficult for a complainant to prove the negative that a respondent does not have any rights or legitimate interests in a domain name. D2005-0587). 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., D2000-1499. As seen on Respondent’s webpage to which the disputed domain name resolved before it was taken down, the disputed domain name is comprised of Complainant’s trademark VICEROY and the geographic terms “Yas” and ”Abu Dhabi” which Complainant uses to describe the location of its Viceroy hotel, restaurants and convention center located on Yas Island in Abu Dhabi. 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