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On November 19,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.
In accordance with the Rules, paragraphs 2 a and 4 athe Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 24, The Panel finds that it was properly constituted.
WIPO Domain Name Decision: D
Modern Empire Internet Ltd. D ; Six Continents Hotels, Inc. Moreover, the Respondent was apparently making a commercial use of the disputed domain name most likely by profiting from the advertisements that were displayed on the website to which it resolved.
Complainant The Complainant made the following submissions in the Complaint: The Ctalogo did not submit any response. The Registrar confirmed to the Center that the disputed domain name was registered by the Respondent on July 9, Moreover, in determining the similarity of two marks, points of similarity are weighed more heavily than points of difference.
Servcilub absence of rights or legitimate interests is established if a complainant makes out a prima facie case and the respondent files no response see Accor v.
Complainant The Complainant argues the following: D ; and Parfums Christian Dior v. The notarial deed found in Exhibit 13 shows that on the web site to which the disputed domain name resolved, the Respondent displayed some advertisement links that most likely generated pay per ssrviclub revenue in her favor.
The Complainant owns the following trademark registrations, among others: The addition of a generic servicluh to a famous mark is not sufficient to avoid confusion. However, Exhibit 13 to the Complaint shows that the disputed domain name resolved to a web page that resembled the official site of the Complainant, which is likely to have caused confusion among Internet users by making them believe that the website associated to the disputed domain name was sponsored or endorsed by the Complainant.
Furthermore, the Panel has taken into consideration: Rights or Legitimate Interests Under paragraph 4 c of the Policy, rights or legitimate interests in a domain name may be demonstrated by showing that: The disputed domain name is currently inactive. Visit Us Contact Us. D ; AutoNation, Inc.
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. The Panel finds that it was properly constituted.
That the YPF serviclub program currently includes more than seven hundred thousand active participants. Moreover, the Complainant has shown that the catalogues of the Complainant are an important part of the YPF serviclub campaign see Exhibit 5 to the Complaint.
The third element of the policy has been fulfilled.
Kiyoshi Tsuru Sole Panelist Date: The first requirement of the Policy has been fulfilled. On November 19,the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. Therefore, the Panel finds that the second requirement of paragraph 4 a of the Policy is met. In accordance with paragraph 4 a of the Policy, the Complainant is requested to prove that each of the three following elements is satisfied:.
Paragraph 4 c of the Policy sets forth the following examples as circumstances where a respondent may have rights or legitimate interests in the disputed domain name:.
The Complainant argues that the Respondent has registered thirty three other domain names that potentially infringe the intellectual property of other companies, and that the Respondent has engaged in a pattern of registering the corporate or trade names of third parties with which the Respondent has no connection, a situation that constitutes bad faith under paragraph 4 b ii of the Policy.
The second requirement of the Policy has been fulfilled. The Panel verified this circumstance by visiting the webpage to which the disputed domain name resolves. On November 18,the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. In accordance with the Rules, paragraphs 2 a and 4 athe Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 24, Based on the above, the Panel finds that sefviclub Complainant has met the third requirement under paragraph 4 a of the Policy.
Factual Background The Complainant is a stock corporation organized under the laws of Argentina, dedicated to the exploration and production of oil caatlogo gas and to the transportation, refining and marketing of gas and petroleum products. Registered and Used in Bad Faith The Complainant based the Complaint on this point on the existence of the circumstances set out in paragraph 4 b of the Policy regarding the registration and use of the disputed domain name in bad faith.
The Complainant also alleges and demonstrates that they have registered the YPF trademark in Bolivia, Brasil and Paraguay, as well as the registration and use of different domain names containing their registered trademarks.