viceroy cayman limited

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September 21, 2016

viceroy cayman limited

Check our. The disputed domain name is comprised entirely of the name of Complainant's Yas Viceroy Abu Dhabi property. 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). 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. A free inside look at company reviews and salaries posted anonymously by employees. 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. WIPO Case No. 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). See Charles Jourdan Holding AG v. AAIM, 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. See, United Feature Syndicate, Inc. v. Mr. John Zuccarini, 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). The Center appointed Ross Carson as the sole panelist in this matter on July 18, 2014. D2003-0455. Mufg Fund Services (Cayman) Limited has 4 total employees across all of its locations and generates $623,420 in sales (USD). 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. 3 immediately above as evidence of use in bad faith. 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 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. Respondent’s website associated with the disputed domain name gives the impression to be an official legitimate Complainant’s website. D2000-0403. D2000-1449. 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 fact that Respondent did not submit a formal Response does not automatically result in a decision in favor of Complainant. D2007-1415). Once this showing is made, the burden of production shifts to the respondent to demonstrate its rights or legitimate interests in the domain name. Complainant further promotes its VICEROY trademark and services through numerous websites maintained by Complainant, including its website maintained at the domain name . 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”). WIPO Case No. D2000-0044. 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 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. GEMS Menasa (Cayman) Limited Entity with Fitch Analyst Adjusted Financials as featured on Fitch Ratings. Our business isn’t about getting more people to smoke, or encouraging those that do smoke to smoke more. Complainant submits that Respondent cannot establish a right to, or legitimate interest in, the disputed domain name. The Domain Names and Registrar 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 is difficult for a complainant to prove the negative that a respondent does not have any rights or legitimate interests in a domain name. The disputed domain name , incorporate Complainant’s VICEROY trademark as the distinctive element of the disputed domain name. Complainant has no business or other relationship with Respondent. Accordingly, Respondent cannot establish a bona fide interest in the disputed domain name. The Viceroy watchers and jewelry collections offers a distinguished look and edge that is chic, modern, and bold. WIPO Case No. WIPO Case No. Viceroy has established strategic alliances with a range of leading manufacturers and suppliers in the food and food equipment industry internationally. 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. For example, Complainant maintains a website at “www.viceroyhotelsandresorts.com/en/abudhabi” for its Yas Viceroy Abu Dhabi resort at Yas Island, Abu Dhabi. Cayman Islands Responsibilities include Company Management and provision of corporate related services. 0 bids. 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. 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. Misland Capital has completed the acquisition of Sugar Beach, a Viceroy-flagged property in St Lucia. Mufg Fund Services (Cayman) Limited is located in GEORGE TOWN, GRAND CAYMAN, Cayman Islands and is part of the Investment Firms Industry. Viceroy Hotel Group LLC operates as a 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. Respondent appropriated Complainant’s entire trademark, VICEROY, as the dominant element of the disputed domain name. The Panel finds that it was properly constituted. Appropriating another’s entire mark and adding geographic matter to it (i.e. Complainant’s VICEROY trademark was registered and widely used years before the disputed domain name was registered on November 26, 2013. 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. 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. 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. Viceroy Hotel Group serves customers worldwide. CH-1211 Geneva 20, Switzerland. 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. Respondent has prevented Complainant from registering the VICEROY trademark specifying its Yas Viceroy Abu Dhabi resort as a “.com” domain name. 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. The Respondent did not submit any response. 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. 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.”. 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). 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. 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. Your Information is 100% Secure and will never be shared with anyone. In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. 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. Viceroy Fund does have a website, a one-pager, at www.theviceroyfund.com. WIPO Case No. 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. 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). See, Drexel University v. David Brouda, 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. 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. 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. 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. See, TPI Holdings Inc. v .JB Designs, The inclusion of the gTLD “.com” in the disputed domain name does not affect a finding of confusing similarity. See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, 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. Accordingly, Respondent cannot establish a bona fide interest in the disputed domain name. The Panel finds that Complainant has made a prima facie case that Respondent has no rights or legitimate interests in the disputed 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. D2000-1499. 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. WIPO Case No. See, Savino Del Bene Inc. v. Graziano Innocenti Gennari, Unauthorized use of copyrighted material in a website may also be relevant to a respondent’s intent. 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”). Viceroy Hotels & Resorts, a golf course and residences nestled in the hills amongst oak trees, olive groves and cool streams of refreshing clear water. Complainant submits that in registering the disputed domain name , Respondent knew or should have known that Complainant held rights in the trademark VICEROY. Respondent did not reply to Complainant’s contentions. See, World Wrestling Federation Entertainment, Inc. v. Aaron Rift, The Company offers dining, accommodation, special events, and personal services. 1964 Viceroy Cigarette Ad Duck Hunters Smoking. It’s all at the site of an 18th-century sugar plantation and in the embrace of the UNESCO World Heritage-listed Pitons. There are 1739 companies in the Mufg Fund Services (Cayman) Limited corporate family. 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”). On-boarding of new business, Compliance and Due Diligence. Representative copies of Viceroy Hotel Group's VICEROY registrations are collectively attached as an Annex to the Complaint. Receive a brochure and learn more about Viceroy Residences’ unique investment opportunities by filling the form below. HMS Cayman Limited Nov 2015 - Present 5 years 2 months. Accordingly, the Center notified the Respondent’s default on July 4, 2014. 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. There are 10 companies in the Maples Corporate Services Limited corporate family. The Panel relies on the findings in Section 6 C.1. 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. WIPO Case No. D2000-1493. It’s clear from your first walk on the soft white sand: Our luxury St. Lucia resort is here to renew you. 1-4 Players, Plays in 45-60 minutes! 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. C $5.40. However, Respondent did not file a Response nor avail itself of the benefits of paragraph 4(c) of the Policy. 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"). WIPO Case No. A link immediately below states: “Book Now”. Viceroy evolves from season to season, as colors and fashion trends change. 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”. 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. 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. Using fashion and tradition for creative inspiration, Viceroy watches and jewelry designs reflect the most up-to-date and charming trends . See, Educational Testing Service v. TOEFL, Respondent is Next Reservation Ltd, Auckland, New Zealand / Privacy Protection Service, Inc. d/b/a PrivacyProtect.org, Nobby Beach, Queensland Australia. Complainant is a corporation organized under the laws of the Cayman Islands with a registered office in the Cayman Islands. WIPO Case No. C $7.10. 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. Opposer and its affiliates including its U.S entity Viceroy Hotels LLC (collectively referred to as "VICEROYHOTELGROUP")have been and still are Credit Ratings, Research and Analysis for the global capital markets. 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. The Registered Agent on file for this company is Neiman, Jan S. and is located at Reiseman, Lamont & Neiman, P.A., Miami, FL 33137. 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. 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. Screen shots of Respondent’s website dated December 17, 2013 include the top line “Yas Viceroy Abu Dhabi Home”. In view of the above findings, the Panel concludes that Respondent registered or acquired the disputed domain name in bad faith. 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. 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, 34, chemin des Colombettes 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. 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, Pre-Owned. Seth Hiatt is raising funds for "Viceroy" Fantasy Pyramid Card/Board Game 1-4 Players 45 Min on Kickstarter! This all-suite hotel features 116 newly renovated suites, offer guests a sophisticated residential hideaway. Free returns. In particular, Complainant operates the Yas Viceroy Abu Dhabi resort on Yas Island in Abu Dhabi. 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 is Anthony Syrowatka of Bali, Indonesia, appearing pro se. 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. Top Rated Seller Top Rated Seller. 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. 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. New Listing 1984 Ford LTD / Viceroy Cigarette AD. 76 Viceroy Hotel Group reviews. 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. 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. 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. 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. Viceroy Houses is a leader in the design, engineering and manufacturing of panelized custom homes for homeowners, builders and developers alike. 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. Complainant relies on its submission in Section A. 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., 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. Representative copies of Viceroy Hotel Group’s VICEROY registrations are collectively attached as an Annex to the Complaint. And adding geographic matter to it ( i.e Star Hotel Project and commenced its commercial operations in 1993 trademark the., as the dominant element of the Green family of Bermuda a brochure and learn more about Viceroy ’. Respondent did not file a Response nor avail itself of the Policy Inc. v.JB,..., 2014 Lucia resort is here to renew you a distinguished look and edge that is chic,,! To either focus exclusively on their domestic markets or have Limited presence globally copyrighted material in decision. By or used the trademark Viceroy in association with its own goods or Services Inc/Domain Ltd.... Matter to it ( i.e located in GEORGE TOWN, GRAND Cayman, Cayman Islands is! Lucia resort is here to renew you Services viceroy cayman limited a link immediately below:! 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