URS DEFAULT DETERMINATION


Philip Morris Products S.A. v.
Claim Number: FA1909001860911


DOMAIN NAME

<my-iqos.shop>


PARTIES


   Complainant: Philip Morris Products S.A. of Neuchâtel, Switzerland
  
Complainant Representative: DM KISCH INC of Sandton, II, South Africa

   Respondent: Privacy Protection of Kiev, II, UA
  

REGISTRIES and REGISTRARS


   Registries: GMO Registry, Inc.
   Registrars: Hosting Ukraine 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.
   Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: September 6, 2019
   Commencement: September 9, 2019
   Default Date: September 24, 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").

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


   Procedural Findings:  
      Multiple Complainants: Not Applicable.
      Multiple Respondents: Not Applicable.

   Findings of Fact: Complainant is an international tobacco company, with products sold in more than 180 markets worldwide. IQOS, an innovative reduced risk tobacco device, was launched in Japan, in 2014. Today due to extensive international sales and marketing efforts, in accordance with local laws, the IQOS product is sold in around 48 markets. The IQOS Trademark is registered with the Trademark Clearinghouse (Exhibit B) which is sufficient to prove actual use of the trademark (URS Rule 8.1.2.1).

  

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 


Complainant owns numerous trademark registrations for the distinctive terms IQOS covering numerous jurisdictions, including Swiss Registration IQOS (word) No. 660918 (See Exhibit A). The Disputed Domain identically adopts the Complainant�s registered trademark IQOS together with a  merely generic supplement (URS Rule 1.2.6.1). The Complainant has met its burden here by clear and convincing evidence.


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

Determined: Finding for Complainant 


The Respondent and the website provided under the Disputed Domain are not in any way affiliated to the Complainant nor has the Complainant authorized Respondent�s registration and/or use of the Disputed Domain (URS Rule 1.2.6.2). The Complainant has met its burden here by clear and convincing evidence.


[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 


Respondent registered the Disputed Domain on 23 August 2019. The Disputed Domain is used for website advertising of 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. By registering a domain name comprising of the Complainant�s IQOS trademark and prominently using the Complainant�s IQOS trademark 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. The Complainant has met its burden here by clear and convincing evidence.


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:


  1. The Complaint was neither abusive nor contained material falsehoods. 

The Complaint is well-founded. Respondent does not dispute that it wholly incorporated Complainant's mark without authorization, and engaged in activity misleading to consumers about the source, sponsorship, and endorsement of the goods/services featured on the resolving website.


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:

  1. my-iqos.shop

 

Darryl C. Wilson
Examiner
Dated: September 26, 2019

 

 

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