Decisión del Panel Administrativo nº D2010-1763 of WIPO Arbitration and Mediation Center, January 07, 2011 (case Panorama Mountain Village Inc. v. High Country Properties)
| Resolution Date | January 07, 2011 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Panorama Mountain Village Inc., of British Columbia, Canada, represented by Gowling Lafleur Henderson, LLP, Canada.
The Respondent is High Country Properties, of British Columbia, Canada externally represented.
The disputed domain names [golfgreywolf.com], [panoramamountainvillage.com], [panorama-vacations.com] and [ski-panorama.com] are registered with Tucows Inc.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 18, 2010. On October 19, 2010, the Center transmitted by email to Tucows Inc. a request for registrar verification in connection with the disputed domain names. On October 19, 2010, Tucows Inc. transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
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 October 28, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response was November 17, 2010. The Response was filed with the Center on November 17, 2010.
The Center appointed Ross Carson as the sole panelist in this matter on December 6, 2010. The Panel finds that it was properly constituted. 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.
Complainant a land owner and developer, manager of residential and commercial real estate, who owns and operates the Panorama Mountain Village resort in British Columbia, a major year around sports complex providing facilities for skiing, golf and other outdoor recreation, which it acquired from Intrawest in February 2010. Provision of facilities for skiing were commenced on a small scale at the Panorama plateau in the 1960’s and have continued to expand in size and scope under the ownership and management of a number of entities over the intervening years. The Panorama Mountain Village resort currently provides over 4000 feet of vertical drop and includes a quad lift which can accommodate over 7,000 skiers per hour. The resort provides ski runs for beginners to expert skiers. The Panorama Mountain Village resort is a destination resort providing accommodation for skiers in close proximity to the ski lifts. The resort is a year round resort providing hiking, bicycling, fishing, swimming, golf and other facilities during the spring summer and fall.
Individuals, partnerships and corporations own condos, town homes, cottages and hotels adjoining Complainant’s facilities. Complainant rents out units it owes, while third parties may rent out their units if they desire to do so. Complainant has condominiums for rent in the newer Upper Village as well as older units in the Lower Village. Only the Complainant rents and manages condominiums in the Upper Village, while the Complainant and third parties, including Respondent, rent and manage units in the Lower Village.
Complainant also owns and operates the GREYWOLF golf course. A substantial interest in the GREYWOLF golf course was acquired from Intrawest in February, 2010. The GREYWOLF golf course opened in 1999. The GREYWOLF golf course has enjoyed success. It is the recipient of numerous awards, including the following: Ranked 2nd best public course in British Columbia - Score Golf 2009; ranked 37th best course in Canada - Score Golf 2008; and ranked Top 10 in Canada - Golf Digest.
Complainant is the registered owner of Canadian Trademark Registration No. TMA268,260 for the trademark PANORAMA registered April 16, 1982. The trademark is registered in relation to (1) Real estate services, development, construction and management of residential and commercial structures based on use in Canada since as early as1962; (2) Operation of a shop specializing in equipment and clothing for skiing, skating, snowmobiling, hiking, camping, fishing, horseback riding, boating, water skiing, swimming, and hand gliding, rental of equipment for skiing, skating, snowmobiling, hiking, camping, fishing, horseback riding, boating, water skiing, swimming, and hand gliding, and servicing of equipment for skiing, skating, snowmobiling, hiking, camping, fishing, horseback riding, boating, water skiing, swimming, and hand gliding; operation of a gift shop based on use in Canada since at least as early as 1967; (3) Provision of facilities for, instructions in, and rental of equipment for skiing, provision of facilities for, and rental of equipment for skating since at least as early as1962; (4) Provision of facilities for, instruction in, and rental of equipment for tennis, boating, riding and swimming since at least as early as February 15, 1982.
The registered trademark PANORAMA was transferred from Panorama Ski Hill Company Limited to Panorama Resort Ltd. on February 2, 1983; Panorama Resort Ltd. transferred the registered trademark to I W Resorts Limited Partnership on March 16, 1993; and I W Resorts Limited Partnership transferred the registered trademark to Complainant on August 4, 2010.
Complainant is also the registered owner of Canadian Trademark Registration No. TMA257, 696 for the trademark PANORAMA and design registered April 10, 1981. The trademark PANORAMA and design is registered in relation to substantially the same services as those for which the trademark PANORAMA is registered.
Complainant is the registered owner of Canadian Trademark Registration No. TMA517,598 for the trademark GREYWOLF registered on October 5, 1999. The registered trademark GREYWOLF is registered in relation to the services of operation of a golf course; the operation of a retail sporting goods store selling golf related products; and the operation of a golf club resort. The registered trademark is also registered in relation to the wares: Golf towels, golf balls, and golf tee markers.
Complainant is also the registered owner of Canadian Trademark Registration No. TMA518,219 for the trademark GREYWOLF and wolf head design registered on October 16, 1999. The trademark GREYWOLF and wolf head design is registered in relation to the same services as the trademark GREYWOLF and in relation to an extended statement of wares.
Complainant is the registrant of the domain name [panoramaresort.com] registered on September 26, 1995 and the domain name [greywolfgolf.com] registered on October 4, 2001.
Respondent is the registrant of the disputed domain names [panoramamountainvillage.com] registered October 10, 2001; [ski-panorama.com] registered October 18, 2001; [panorama-vacations.com] registered October 18, 2001; and [golfgreywolf.com] registered October 18, 2001.
Complainant states that as found in section 4 above, Complainant is the owner of Canadian Trademark Registrations for the trademarks PANORAMA, registered since April 16, 1982; PANORAMA and design, registered since April 10, 1981; GREYWOLF, registered since October 5, 1999; and GREYWOLF and design, registered since October 19, 1999. Complainant states that the registered trademarks have been in continuous use in Canada by Complainant and it’s predecessors in title.
Complainant further states that is the owner of the common law trademark PANORAMA MOUNTAIN VILLAGE which has been in use over decades by Complainant and its predecessors as shown in print outs from its website at [panoramaresort.com] attached as an exhibit. Complainant states that as a result of extensive use and publicity Complainant’s registered and common law trademarks have become very well known.
Complainant states that the disputed domain names [panoramamountainvillage.com], [ski-panorama.com] and [panorama-vacations.com] incorporate the whole of the trademark PANORAMA, which is the subject of trade-mark registrations. Further, the domain name [panoramamountainvillage.com] is identical to the PANORAMA MOUNTAIN VILLAGE trademark. Complainant states that Respondent cannot avoid confusion, as it has misappropriated the entirety of Complainant’s trademarks for PANORAMA and PANORAMA MOUNTAIN VILLAGE.
Complainant further submits that the disputed domain name [golfgreywolf.com] incorporates the whole of the GREYWOLF trademark registration. Under the circumstances, Respondent cannot avoid confusion, as it has misappropriated the entirety of the GREYWOLF trademark.
Complainant states that a finding that a domain name incorporates the whole of a complainant’s mark supports a finding of confusion. A respondent may not avoid confusion by appropriating another’s entire mark in a domain name (Xerox Corporation v. Imaging Solution,[WIPO Case No. D2001-0313]).
Complainant further states that the fact that the disputed domain names [ski-panorama.com], [panorama-vacations.com] and [golfgreywolf.com] include the non-distinctive elements “ski”, “vacations” and “golf’, respectively, does nothing to diminish confusion. Despite these additions, these domain names remain very similar to the PANORAMA and GREYWOLF trademarks in appearance, sound and in the ideas suggested.
Complainant states that it is a well established principle that the addition of descriptive or non-distinctive terms to a domain name does not militate against a finding of confusion (Sutton Group Financial...
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