Philip Morris Products S.A. v. Shi Chen Ping
Claim Number: FA1910001865912
Complainant: Philip Morris Products S.A. of Neuchâtel, International, Switzerland.
Complainant Representative:
Complainant Representative: DM KISCH INC of Sandton, International, South Africa.
Respondent: Shi Chen Ping of shang hai shi, shang hai, International, CN.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: Personals TLD Inc.
Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
James Bridgeman, as Examiner.
Complainant submitted: October 9, 2019
Commencement: October 10, 2019
Default Date: October 28, 2019
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
Complainant is the owner of numerous trademark registrations for the distinctive terms IQOS trademark including Swiss Registration IQOS (word) No. 660918 and is the producer of a tobacco device, which was launched in Japan in 2014 and is sold in around 48 markets under the IQOS mark.
Complainant’s IQOS trademark is registered with the Trademark Clearinghouse which is sufficient to prove actual use of the trademark.
The disputed domain name is identical to Complainant’s IQOS trademark. The <.tech> gTLD extension may be ignored for the purposes of comparison.
Complainant has made out a clear and convincing case that Respondent has no rights or legitimate interest in the disputed domain name asserting that the website to which the disputed domain name resolves are not in any way affiliated to Complainant nor has Complainant authorized Respondent’s registration and use of the disputed domain name.
The disputed domain name was registered on 26 January 2019 and appears to be used as the address of a website advertising the Complainant’s IQOS products. The website holds out to be an official endorsed dealer by prominently using the Complainant’s IQOS trademark in the domain name and at the top of the website, where internet users usually expect to find the name of the online shop website owner. The website also uses the Complainant’s copyright protected product images and marketing material. The website reveals no information regarding the identity of the website provider nor does it acknowledge the Complainant as the real brand owner.
This Panel is convinced that by registering the disputed domain name comprising of the Complainant’s IQOS trademark and prominently using the Complainant’s IQOS trademark and copyright protected marketing material on the website, Respondent is attempting to attract internet users looking for Complainant’s goods, and purposefully misleading users as to the source of the website. By using Complainant’s trademark in the disputed domain name and hiding the identity of the website provider, Respondent is purposefully misleading users as to the source, sponsorship, or endorsement of the offerings under the disputed domain name.
Complainant has demonstrated by clear and convincing evidence that Respondent is intentionally using the IQOS trademark to attract customers to its site in bad faith. It is clear that Respondent is illegitimately and directly targeting Complainant, its reputation and goodwill in the IQOS mark.. (URS Rule 1.2.6.3).
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration:
<iqos.tech>
James Bridgeman SC,
Examiner
Dated: October 28, 2019
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