URS DEFAULT DETERMINATION
Philip Morris Products S.A. v. Privacy Protection
Claim Number: FA2003001889032
DOMAIN NAME
<my-iqos.store>
PARTIES
Complainant: Philip Morris Products S.A. Philip Morris Products S.A. Philip Morris Products S.A. Philip Morris Products S.A. of Neuchâtel, Switzerland | |
Complainant Representative: DM KISCH INC
Andrew Papadopoulos of Sandton, II, South Africa
|
Respondent: Protection of Private Person / Privacy Protection Privacy Protection of Moscow, II, RU | |
REGISTRIES and REGISTRARS
Registries: DotStore Inc. | |
Registrars: Registrar of Domain Names REG.RU, LLC |
EXAMINER
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. | |
Carol Stoner, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: March 20, 2020 | |
Commencement: March 23, 2020 | |
Default Date: April 7, 2020 | |
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"). |
RELIEF SOUGHT
Complainant requests that the domain name be suspended for the life of the registration. |
STANDARD OF REVIEW
Clear and convincing evidence. |
FINDINGS and DISCUSSION
Findings of Fact: [OptionalComment] |
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.
[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar
to a word mark: Determined: Finding for Complainant URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark: (i) for which the Complainant holds a valid national or regional registration and that is in current use. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant has not given any permission to Respondent to register or to use disputed domain name. Respondent has not provided any defense to Complainant's allegations.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; and d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant�s web site or other on-line location, by creating a likelihood of confusion with the complainant�s mark as to the source, sponsorship, affiliation, or endorsement of Registrant�s web site or location or of a product or service on that web site or location. FINDING OF ABUSE or MATERIAL FALSEHOOD The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. The Examiner finds as follows:
DETERMINATION
After reviewing the parties 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 name(s) be SUSPENDED for
the duration of the registration:
|
Carol Stoner Examiner
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