viceroy cayman limited

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September 21, 2016

viceroy cayman limited

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. Opposer and its affiliates including its U.S entity Viceroy Hotels LLC (collectively referred to as "VICEROYHOTELGROUP")have been and still are 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. Complainant further promotes its VICEROY trademark and services through numerous websites maintained by Complainant, including its website maintained at the domain name . See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, 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, See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, 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. 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. 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 Respondent did not submit any response. 1-4 Players, Plays in 45-60 minutes! Accordingly, Respondent cannot establish a bona fide interest in the disputed domain name. Viceroy Hotel Group LLC operates as a hotel. A free inside look at company reviews and salaries posted anonymously by employees. WIPO Case No. It’s all at the site of an 18th-century sugar plantation and in the embrace of the UNESCO World Heritage-listed Pitons. In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. 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. The Company offers dining, accommodation, special events, and personal services. 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. 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). In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. There are 1739 companies in the Mufg Fund Services (Cayman) Limited corporate family. Id. 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. Your Information is 100% Secure and will never be shared with anyone. 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”). Enjoy the privacy and beauty of 100 acres of pristine rainforest on the Caribbean Sea. 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. A Cayman Islands Exempted Company receive the following benefits: 100% foreign ownership, no taxes, privacy, limited liability, one shareholder/director for greater control, no audits, no required meetings, and English is their official language. The Center appointed Ross Carson as the sole panelist in this matter on July 18, 2014. Receive a brochure and learn more about Viceroy Residences’ unique investment opportunities by filling the form below. WIPO Case No. 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. Once this showing is made, the burden of production shifts to the respondent to demonstrate its rights or legitimate interests in the domain name. WIPO Case No. WIPO Case No. 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). Complainant is a corporation organized under the laws of the Cayman Islands with a registered office in the Cayman Islands. WIPO Case No. 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's filing status is listed as Active and its File Number is Q08435. A link immediately below states: “Book Now”. The Panel may accept all reasonable and supported allegations and inferences following there from in the Complaint as true. In addition, Complainant maintains a website for each of its individual hotel properties that contain proprietary content promoting and describing that particular property. 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. 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. Respondent has not made, nor is it making, a legitimate noncommercial or fair use of the disputed domain name. Complainant’s VICEROY trademark was registered and widely used years before the disputed domain name was registered on November 26, 2013. 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. WIPO Case No. C $7.10. 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. 0 bids. D2000-1493. immediately above as evidence of Respondent’s use of the disputed domain name in bad faith under Paragraph 4(b)(iv) of the Policy. 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. Free returns. Complainant has not permitted Respondent to register or use any domain name incorporating its VICEROY trademark. Maples Corporate Services Limited has 25 total employees across all of its locations and generates $769,550 in sales (USD). 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. Low-density sustainable development using solar and geothermal energy, • 5-star Viceroy hotel with concierge service. Complainant has no business or other relationship with Respondent. Complainant is the owner of trademark registrations for the trademark VICEROY 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, Russian Federation, the European Community, the United Arab Emirates, and the United Kingdom as set out in Section 4 immediately above. Respondent has on or after November 23, 2013 registered or acquired the disputed domain name comprised of Complainant’s well-known VICEROY trademark and the words “Yas” and “Abu Dhabi” which describe the geographical location of Complainant’s hotel in the United Arab Emirates. The Panel finds that it was properly constituted. 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. C $5.40. Accordingly, the Center notified the Respondent’s default on July 4, 2014. 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”. Contemporaneously with the filing of this complaint, plaintiff is filing 12 WIPO Case No. Viceroy is a bidding and resource management game from Russia with love! 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). Misland is the investment fund of the Green family of Bermuda. Viceroy has established strategic alliances with a range of leading manufacturers and suppliers in the food and food equipment industry internationally. Company Incorporations and Registered Office services. Such use is not legitimate noncommercial or fair use (see Asian World of Martial Arts Inc. v. Texas International Property Associates, 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. 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. Viceroy evolves from season to season, as colors and fashion trends change. WIPO Case No. Top Rated Seller Top Rated Seller. 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. D2007-1415). 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. 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”). Mufg Fund Services (Cayman) Limited is located in GEORGE TOWN, GRAND CAYMAN, Cayman Islands and is part of the Investment Firms Industry. 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. 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