The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).
Complainant has rights in the international trademark ‘VOLCANO’ (word mark), registered under number 989103 on August 11, 2008. The disputed domain name is not identical to Complainant’s VOLCANO trademark. However, the Panel considers the disputed domain name to differ from Complainant’s trademark by the addition of a hyphen and the generic word ‘CLUB’. The Panel is of the opinion that the mere addition of non-distinctive text and a hyphen to a complainant’s trademark constitutes confusing similarity, as set out in paragraph 4(a)(i) of the Policy (See Lime Wire LLC v. David Da Silva/Contactprivacy.com, WIPO Case N° D2007-1168, where the domain name <downloadlimewirenow.com> was held to be confusingly similar to the LIME WIRE trademark, especially with addition of the word “download” because users typically download complainant’s software; International Business Machines Corporation v. Scott banner, WIPO Case N° D2008-0965, where the domain name <ibmdownload.com> was held to be confusingly similar to the IBM trademark because many Internet users would assume that the Domain Name identifies a website from which they can download software supplied by the Complainant; Nintendo v. Beijin, WIPO Case N° D2001-1070, where the addition of the words ‘mail’, ‘post’, ‘fan’ and ‘top50’ to the word ‘POKÉMON’ in the disputed domain names was held to be of minimal impact on what the visitor of the website focuses on, namely the word ‘POKÉMON’; Nintendo v. Gray West International, WIPO Case N° D2000-1219, where it was held that the addition of the word ‘games’ in the domain name does nothing to reduce its confusing similarity with Nintendo’s POKÉMON marks); Dr. Ing. h.c. F. Porsche AG v. Kentech, Inc. a.k.a. Helios Lab a.k.a. Orion Web a.k.a. Titan Net a.k.a. Panda Ventures a.k.a. Spiral Matrix and Domain Purchase, NOLDC, Inc., WIPO Case No. D2005-0890, where the domain name <Porsche-repair-parts.com> was held to be confusingly similar to the trademark PORSCHE).
Accordingly, the Complainant has made out the first of the three elements that it must establish.
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