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WIPO Arbitration and Mediation Center
D ; and Parfums Christian Dior v. The Center sent an email communication to the Complainant on November 20,providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The first requirement of the Policy has been fulfilled.
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. That there is convincing evidence showing that the Respondent has registered thirty three other domains in potential infringement of the intellectual property of other companies.
Moreover, in determining the similarity of two marks, points of similarity are weighed more heavily than points of difference. Discussion and Findings In accordance with paragraph 4 a of the Policy, the Complainant is requested to prove that each of the three following elements is satisfied: D ; AutoNation, Inc. In accordance with the Rules, paragraph 5 athe due date for Response was December 14, The Complainant has a network of gas stations with market shops that sell consumer goods in Argentina.
That there is convincing evidence mainly a notarial deed of the content of the web page to which the disputed domain name resolves demonstrating that the Respondent was trying to imitate the website of the YPF serviclub program.
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. 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.
In addition, the Complainant owns the following domain name registrations: In accordance with paragraph 4 a of the Policy, the Complainant is requested to prove that each of the three following elements is satisfied:. Therefore, the Panel finds that the second requirement of paragraph 4 a of the Policy is met.
That at the time of registration of the disputed domain name, the Complainant had a significant number of gas stations across Argentina with advertisements of its corporate name and the YPF serviclub program. The Panel finds that the Complainant has used and registered its trademark in different countries and for a long period of time, predating all the trademark registrations date the date of registration of the disputed domain name.
Complainant The Complainant made the following submissions in the Complaint: On this basis, the Panel finds that the Respondent failed to produce any evidence to establish rights or legitimate interests in the disputed domain name.
WIPO Domain Name Decision: D
It is well established servicluub the Complainant must show a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name, after which the burden of production shifts to the Respondent see, e.
According to paragraph 4 b of the Policy, the following circumstances, in particular but without limitation, shall be evidence of registration and use in bad faith:.
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 20133 resolved. That the Respondent is preventing the Complainant from reflecting its trademark in the disputed domain name and has engaged in a pattern of such conduct.
Artificial Intelligence Universities Gender Equality. Complainant The Complainant argues the following: Modern Empire Internet Ltd. The addition of a generic term to a famous mark is not sufficient to avoid confusion. That the YPF serviclub program currently includes more than seven hundred thousand active participants.
The Center received informal communications from the Respondent on November 20,catalogk on November 21, However, the Complainant did not provide sufficient evidence to support these allegations, which is why this argument is dismissed. On November 18,the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name.
That Internet users may believe that there is a connection between the disputed domain name and the YPF serviclub program and its catalogue of benefits. Factual Background The Complainant is a stock corporation organized under the laws of Argentina, dedicated to the exploration and production of oil and gas and to the transportation, refining and marketing of gas and petroleum products. That from said notarial deed it is shown that on the website to which the disputed domain name resolves: 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 servicluv contact details.
The Panel finds that it was properly constituted. Joseba Menoyo Case No.