URS DEFAULT DETERMINATION

Philip Morris Products S.A. v. REDACTED PRIVACY
Claim Number: FA1811001814861

DOMAIN NAME

<myiqos.life>

PARTIES

	Complainant: Philip Morris Products S.A. of Neuchâtel, Switzerland
	Complainant Representative: Boehmert & Boehmert Anwaltspartnerschaft mbB SEBASTIAN ENGELS of BERLIN, Germany

	Respondent: Liang Zhou of Bei Jing, Beijing, II, CN

REGISTRIES and REGISTRARS

	Registries: Binky Moon, LLC
	Registrars: GoDaddy.com, 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.
	Ho-Hyun Nahm, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: November 4, 2018
	Commencement: November 5, 2018
	Default Date: November 20, 2018
	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:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant

The disputed domain name is identical or confusingly similar to a word mark: Examiner finds that Complainant holds a valid national or regional trademark registration and that is in current use. Examiner finds that the Respondent’s domain name <myiqos.life> is confusingly similar to the Complainant's trademark IQOS.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Examiner finds that Respondent has no rights or interests in respect of the disputed domain name and is not related to the Complainant’s business. Examiner also agrees that Respondent and the website provided under the disputed domain are not in any way affiliated with Complainant, nor has Complainant authorized Respondent’s registration and/or use of the disputed domain name. Examiner also agrees with Complainant’s contention that such use of the IQOS trademark in the disputed domain name’s resolved website, without revealing the Respondent’s identity and relationship to Complainant does not constitute a bona fide offering of goods or services.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  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.

Determined: Finding for Complainant

Complainant contends that the disputed domain name’s resolved website suggests that Respondent is an official dealer by prominently using the Complainant’s IQOS trademark in the domain name marketing images on the landing page; it is further using the Complainant’s copyright protected product images and marketing material; and it does not show any information regarding the identity of the website provider, nor does it acknowledge Complainant as the real brand owner which leaves Internet users with the false impression that the website is owned by Complainant or one of its official licensees or distributors (See Complainant’s Exhibit C for screenshots of the website taken on 9. October 2018). Examiner determines that the dispute domain name was registered and used in bad faith.

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:

The Complaint was neither abusive nor contained material falsehoods.

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:

myiqos.life

Ho-Hyun Nahm
Examiner
Dated: November 21, 2018

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