The Complainant is a hotel and restaurant business based in London, UK. The Complainant was incorporated in 1899 and started its business in 1906 in London, where it established a luxury and prestigious hotel. The success of the Complainant’s business is reflected through multiple awards. In the period 2014-2023, the Complainant has achieved four AA Rosettes, one Michelin Star, a Royal Warrant for Banqueting and Catering Services, and other important recognitions. In 1906, with Winston Churchill, Dwight Eisenhower and Charles de Gaulle met in the Marie Antoinette Suite of the Complainant’s hotel during the Second World War. The Ritz hotel hosted other prestigious guests during the years, including Charlie Chaplin, Sir Roger Moor and various members of the Royal family.<\/p>\n
All the disputed domain names were registered on 6 July 2022 and resolve to parked pages containing pay-per-click links generated by the Registrar and referring to the same services offered by the Complainant or to competing services.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain names.<\/p>", "no_response_filed": "
Parties' contentions:<\/p>\n
I. Complainant:<\/p>\n
The Complainant maintains that the disputed domain names are confusingly similar to the Complainant’s marks as they incorporate the trademark RITZ in its entirety and this trademark is recognizable within the disputed domain names. Moreover, the addition of other terms in the disputed domain names cannot prevent a finding of confusing similarity. <\/p>\n
The Complainant further maintains that the Respondent lacks rights or legitimate interests in the disputed domain names. The Complainant has not granted authorization or license to the Respondent to use the RITZ mark in the disputed domain names or anywhere else. There is no business or other legal relationship between the Complainant and the Respondent. The Respondent is not commonly known by the disputed domain names. The Complainant is the only registered owner of the RITZ trademark and is the only one entitled to exercise its exclusive rights over this trademark and prevent third parties from using it. <\/p>\n
According to the Complainant, the Respondent is not using the disputed domain names in connection with a bona fide offering of goods or services. The disputed domain names resolve to parked pages with click-through links to holiday rentals, corporate bookings and villa renting services, which are similar to and compete with the Complainant’s services. The use of a domain name to host a parked page comprising pay-per-click links does not represent a bona fide offering, where such links compete with or capitalise on the reputation and goodwill of the Complainant’s mark, or otherwise mislead Internet users. Moreover, the Complainant maintains that the Respondent is not making a legitimate noncommercial or fair use of the disputed domain name. The Respondent’s use of the disputed domain name permits the Respondent to monetise on any traffic generated as a result of unsuspecting Internet users clicking on the links. Bearing in mind the reputation of the Complainant’s RITZ mark, there is no believable or realistic reason for registration or use of the disputed domain names other than to take advantage of the Complainant’s rights.<\/p>\n
Lastly, the Complainant states that the Respondent registered and is being using the disputed domain names in bad faith. The RITZ trademark is an invented word and enjoys reputation in the hospitality field. A basic Internet search using the keywords “ritz” and “ritz hospitality” show that all results are connected with the Complainant. Accordingly, the only logical conclusion is that the Respondent was aware of the Complainant’s trademark RITZ before registering the disputed domain names and that the Respondent registered the disputed domain names in an effort to capitalise on the Complainant’s goodwill and reputation of the RITZ mark. The use of parked pages with pay-per-click links relating to goods and services in which the Complainant operates suggests bad faith use. The Complainant maintains that the disputed domain names are being used with the sole purpose of creating an association with the Complainant, (which is further highlighted by the pay-per-click links), and profiting from this association. Moreover, the Complainant maintains that the disputed domain names were registered in order to prevent the Complainant from reflecting the RITZ mark in a corresponding domain name, and that it is not possible to conceive any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate.<\/p>\n
II. Respondent<\/p>\n
No administratively Compliant Response has been filed.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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).<\/p>", "no_rights_or_legitimate_interests": "
The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "
The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Accepted", "panelists": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2023-11-02 00:00:00", "informal_english_translation": "
The Complainant is the owner of various RITZ trademark registrations worldwide, including the following:<\/p>\n
- RITZ HOTEL (word mark), UK registration No.UK 00003051602, registered on 19 September 2014, for services in classes 35, 36, 39, 41, 43 and 44;<\/p>\n
- RITZ LONDON (figurative), UK registration No. UK00002206920, registered on 28 July 2000, for services in classes 39, 41, 43 and 44;<\/p>\n
- RITZ\/THE RITZ (word mark), UK registration No. UK00001484069, registered on 28 July 1995, for services in class 42.<\/p>\n
The Complainant is also the owner of the domain name <theritzlondon>, which resolves to the Complainant’s main website.<\/p>", "decision_domains": { "ritzrentalsandhospitality.info": "TRANSFERRED", "ritzrentalsandhospitality.net": "TRANSFERRED", "ritzrentalsandhospitality.org": "TRANSFERRED", "ritzrentalshospitality.biz": "TRANSFERRED", "ritzrentalshospitality.info": "TRANSFERRED", "ritzrentalshospitality.mobi": "TRANSFERRED", "ritzrentalshospitality.net": "TRANSFERRED", "ritzrentalshospitality.org": "TRANSFERRED" }, "panelist": null, "panellists_text": null }