CATALOGO YPF SERVICLUB 2013 PDF

The Panel finds that it was properly constituted. YPF Serviclub Catalogo — Site Info It is well established that 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. 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 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. 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 click revenue in her favor.

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Shakazuru The Center appointed Kiyoshi Tsuru as the sole panelist in this matter on January 8, Moreover, in determining the similarity of two marks, points of similarity are weighed more heavily than points of difference. The Complainant has a network of gas stations with market shops ypv sell consumer goods in Argentina.

D ; Six Continents Hotels, Inc. 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, Factual Background The Complainant is a stock corporation organized under the serviclun of Argentina, dedicated to the exploration and production of oil and gas and to the transportation, refining and marketing of gas and petroleum products. WIPO Arbitration and Mediation Center servoclub The Complainant argues that the Respondent 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 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 click revenue in her favor.

The Center received informal communications from the Respondent on November 20,and on November 21, In accordance with the Rules, paragraphs 2 a and 4 athe Center formally notified the Respondent of the Complaint, and serviculb proceedings commenced on November 24, Visit Us Contact Us.

The Respondent did not file a formal response. The Panel verified this circumstance by visiting the webpage to which the disputed domain name resolves. 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. In light of the above, the Panel concludes that the Respondent registered and used the disputed domain name in bad faith. Modern Empire Internet Ltd. On November 18,the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name.

The Respondent did not submit any response. The addition of a generic term to a famous mark is not sufficient to avoid confusion. 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.

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. The Panel finds that it was properly constituted. 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: 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:.

YPF Trademarks are extremely well known in Argentina and other South American countries […] appears in TV commercials, advertisements in newspapers, webpages and magazines, billboards in the streets, etc.

However, the Complainant did not provide sufficient evidence to support these allegations, which is why this argument is dismissed. Furthermore, the Panel has taken into consideration: The third element of the policy has been fulfilled. 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. That the content of the web page to which the disputed domain name resolves, resembled and imitated an official YPF website, a fact that adds to the confusing similarity.

YPF Serviclub Catalogo — Site Info Registered and Used in Bad Faith 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: That the YPF serviclub program currently includes more than seven hundred thousand active participants.

ENE KBQF PDF Identical or Confusingly Similar 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.

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. 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.

Discussion and Findings A. D ; and Parfums Christian Dior v. 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. The disputed domain name is currently inactive. West Coast Entertainment Corp. D ; AutoNation, Inc. The 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.

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. Therefore, the Panel finds that the requirement of paragraph 4 a i of the Policy is satisfied.

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.

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