Mufg Fund Services (Cayman) Limited is located in GEORGE TOWN, GRAND CAYMAN, Cayman Islands and is part of the Investment Firms Industry. 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. C $7.10. It’s about really understanding and meeting the different profiles and preferences of adult smokers. 0 bids. WIPO Case No. 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. Viceroy Hotel Group serves customers worldwide. Maples Corporate Services Limited has 25 total employees across all of its locations and generates $769,550 in sales (USD). Complainant has widely used, advertised and registered the trademark VICEROY for many years in dozens of international jurisdictions in connection with, among other services, the provision of hotel and resort services including restaurant and bar services, the provision of general purpose facilities for meetings, conferences and exhibitions, and reservation services for hotel accommodations. D2005-0587). 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. 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 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. Misland is the investment fund of the Green family of Bermuda. 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. WIPO Case No. In 2007, Russia’s Growth Technologies Ltd., a subsidiary of Open Investments (OPIN) came calling, looking to buy Viceroy and take it private — … In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. WIPO Case No. Seth Hiatt is raising funds for "Viceroy" Fantasy Pyramid Card/Board Game 1-4 Players 45 Min on Kickstarter! See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, It’s all at the site of an 18th-century sugar plantation and in the embrace of the UNESCO World Heritage-listed Pitons. Receive a brochure and learn more about Viceroy Residences’ unique investment opportunities by filling the form below. 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. See, TPI Holdings Inc. v .JB Designs, Runaway Hit at Essen! 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. Viceroy Hotel Group LLC operates as a hotel. D2007-1415). 76 Viceroy Hotel Group reviews. The disputed domain name is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”). Complainant has not permitted Respondent to register or use any domain name incorporating its VICEROY trademark. 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. Many of these supply partners tend to either focus exclusively on their domestic markets or have limited presence globally. Complainant has no business or other relationship with Respondent. The failure of Respondent to file a formal Response results in the Panel drawing certain inferences from Complainant’s evidence. Respondent did not reply to Complainant’s contentions. Respondent is Next Reservation Ltd, Auckland, New Zealand / Privacy Protection Service, Inc. d/b/a PrivacyProtect.org, Nobby Beach, Queensland Australia. 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”). 2. D2003-0455. This intentional infringement of the Complainant’s rights in itself amounts to registration and use in bad faith. Respondent has not made, nor is it making, a legitimate noncommercial or fair use of the disputed domain name. 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., Complainant’s VICEROY trademark was registered and widely used years before the disputed domain name was registered on November 26, 2013. Respondent is Anthony Syrowatka of Bali, Indonesia, appearing pro se. 1964 Viceroy Cigarette Ad Duck Hunters Smoking. WIPO Case No. However, Respondent did not file a Response nor avail itself of the benefits of paragraph 4(c) of the Policy. 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. 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. D2000-0044. 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. WIPO Case No. 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. Cayman Islands Responsibilities include Company Management and provision of corporate related services. See, United Feature Syndicate, Inc. v. Mr. John Zuccarini, On January 29, 2014 Complainant’s counsel forwarded a copy of the cease and desist letter of December 24, 2013 to Expedia, Inc. who had apparently acquired the disputed domain name. Id. For example, Complainant maintains a website at “www.viceroyhotelsandresorts.com/en/abudhabi” for its Yas Viceroy Abu Dhabi resort at Yas Island, Abu Dhabi. See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, See, Educational Testing Service v. TOEFL, And one of their funds called “Viceroy Fund LP” had estimated assets of $4.25 million at February 2008 and $3.84 million at August 2007 respectively; according to CASAM CISDM hedge fund performance database. Opposer is a Cayman Islands exempt company existing under the laws of the Cayman Islands with registered address at Maples Corporate Services Limited UglandHouse, GrandCayman,KY1-1104, CaymanIslands. Respondent has no legal relationship with Complainant through which Respondent can claim any rights to the disputed domain name, nor has Complainant consented to Respondent's registration of the disputed domain name. See, World Wrestling Federation Entertainment, Inc. v. Aaron Rift, Hachette Filipacchi Presse v. Vanilla Limited/Vanilla Inc/Domain Finance Ltd., WIN, New Listing 1984 Ford LTD / Viceroy Cigarette AD. On June 2, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. The disputed domain name is comprised entirely of the name of Complainant's Yas Viceroy Abu Dhabi property. Check our. Viceroy Houses | 692 followers on LinkedIn. 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. Holiday Co, Respondent appropriated Complainant’s entire trademark, VICEROY, as the dominant element of the disputed domain name. 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. 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. There is no evidence that Respondent has ever been known by or used the trademark VICEROY in association with its own goods or services. Opposer and its affiliates including its U.S entity Viceroy Hotels LLC (collectively referred to as "VICEROYHOTELGROUP")have been and still are 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. 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. 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. C $5.40. 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). Credit Ratings, Research and Analysis for the global capital markets. 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”). See, Microsoft Corporation v I. Mufg Fund Services (Cayman) Limited has 4 total employees across all of its locations and generates $623,420 in sales (USD). QdO Hotel SA, a Portuguese company, the developer of The Residences at Viceroy Ombria Resort Algarve uses THE VICEROY, VICEROY, VICEROY OMBRIA RESORT ALGARVE, THE VICEROY RESIDENCES, WIPO Case No. Respondent’s website associated with the disputed domain name gives the impression to be an official legitimate Complainant’s website. The disputed domain name appears to have originally registered on November 26, 2013 by TravelScape, LLC d/b/a Travel Now, many years after the adoption and first use of the VICEROY trademark. 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 evolves from season to season, as colors and fashion trends change. A link immediately below states: “Book Now”. Pre-Owned. 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 Domain Names and Registrar Complainant is a corporation organized under the laws of the Cayman Islands with a registered office in the Cayman Islands. Accordingly, Respondent cannot establish a bona fide interest in the disputed domain name. WIPO Case No. 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. 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”). 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). In accordance with the Rules, paragraph 5(a), the due date for Response was July 1, 2014. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 31, 2014. 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. 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. 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. Complainant is also developing numerous other luxury Viceroy properties around the world, including in Bodrum and Istanbul, Turkey and Dubai, Abu Dhabi. Viceroy Holdings Ltd. is a Florida Agent filed on December 14, 1984. immediately above as evidence of Respondent’s use of the disputed domain name in bad faith under Paragraph 4(b)(iv) of the Policy. Buy It Now +C $2.94 shipping. 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. 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”). Accordingly, Respondent cannot establish a bona fide interest in the disputed domain name. Using fashion and tradition for creative inspiration, Viceroy watches and jewelry designs reflect the most up-to-date and charming trends . Free returns. 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. C $3.10. 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. GEMS Menasa (Cayman) Limited Entity with Fitch Analyst Adjusted Financials as featured on Fitch Ratings. 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. D2007-1469 (domain names at issue confusingly similar to complainant's trademark because most distinctive part of the mark resides in the domain name). 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. WIPO Case No. Complainant relies on its submission in Section A. Complainant submits that in registering the disputed domain name , Respondent knew or should have known that Complainant held rights in the trademark VICEROY. Respondent’s use of the geographic terms “Yas” and “Abu Dhabi” in association with Complainant’s trademark VICEROY do not sufficiently distinguish the disputed domain name from Complainant’s VICEROY registered trademark, but in fact lead to a greater likelihood of confusion with Complainant’s Viceroy hotel and convention Center located on Yas Island, Abu Dhabi. The disputed domain name , incorporate Complainant’s VICEROY trademark as the distinctive element of the disputed domain name. See, Drexel University v. David Brouda, The Center appointed Ross Carson as the sole panelist in this matter on July 18, 2014. The Registered Agent on file for this company is Neiman, Jan S. and is located at Reiseman, Lamont & Neiman, P.A., Miami, FL 33137. 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.”. The Company offers dining, accommodation, special events, and personal services. In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. 34, chemin des Colombettes 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. Complainant asserts that the links provided on Respondent’s website directs Internet users to third party websites unrelated to Complainant’s hotel and associated services. In view of the above findings, the Panel concludes that Respondent registered or acquired the disputed domain name in bad faith. 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. WIPO Case No. Complainant filed an amended Complaint on June 6, 2014. 1-4 Players, Plays in 45-60 minutes! (iii) the disputed domain name has been registered and is being used in bad faith. 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. D2000-1493. The Viceroy watchers and jewelry collections offers a distinguished look and edge that is chic, modern, and bold. D2000-1449. Once this showing is made, the burden of production shifts to the respondent to demonstrate its rights or legitimate interests in the domain name. 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. 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. 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. CH-1211 Geneva 20, Switzerland. D2000-1449. 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. 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. The Panel finds that it was properly constituted. 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. It’s clear from your first walk on the soft white sand: Our luxury St. Lucia resort is here to renew you. 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 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. On May 31, 2014 Complainant filed the original Complaint naming Privacy Protection Services Inc. d/b/a Privacy Protect.org as Respondent. 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, A free inside look at company reviews and salaries posted anonymously by employees. 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