Determined: Finding for Complainant 

The disputed domain name is confusingly similar to the Complainant's mark because it incorporates its "IQOS" registered mark in its entirety, simply adding the generic geographical term "Thailand" and the gTLD ".shop". The general consensus is that adding generic germs and gTLDs is not sufficient to escape the finding that the domain name is confusingly similar to the registered mark.

Determined: Finding for Complainant 

Respondent and the website to which the disputed domain name resolves are not affiliated to Complainant, nor has Complainant authorized Respondent’s registration and use of the disputed domain name. At the same time, it is found that the fact of being a reseller does not generate rights and legitimate interests for Respondent in this case. Under the “OKI Data Principles”, a reseller or distributor can be making a bona fide offering of goods and services and thus have a legitimate interest in the domain name if its use meets certain requirements. These requirements normally include 1) the actual offering of goods and services at issue, 2) the use of the site to sell only the trademarked goods, 3) the site’s accurately and prominently disclosing the registrant’s relationship with the trademark holder, and 4) the respondent must also not try to “corner the market” in domain names that reflect the trademark. The evidence on the record clearly show that Respondent does not meet these criteria. While the website is dedicated to promoting the IQOS brand goods, it is also used to sell the goods of Complainant’s competitors (ex., page 17 of the website screenshots features KT&G products). Furthermore, nowhere on its website does Respondent disclose its relationship with the trademark holder, nor does it properly identify itself. Instead, Complainant’s trademark and copyrighted materials are prominently used on the website, and the overall impression created by the website is that the entity operating the website is affiliated and/or endorsed by the trademark holder. Such use demonstrated by the evidence on the record does not fall under the definition of nominative fair use, hence cannot generate a legitimate interest in the domain name.

Determined: Finding for Complainant 

Registration of a domain name comprising the Complainant’s IQOS trademark and prominent use of the Complainant’s trademark and copyrighted marketing materials on the website, constitutes an attempt to attract Internet users looking for Complainant’s goods and purposefully mislead users as to the source, which demonstrates bad faith registration. By using Complainant’s IQOS trademark in the disputed domain and hiding the identity of the website provider, Respondent creates a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site and offerings made. Such use of the disputed domain name by Respondent, also given its concealed identity and offering of unrelated products of Complainant’s competitors, does not constitute a bona fide offering of goods and services under “OKI Data Principles” and further shows that the domain name is being used in bad faith.

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. iqosthailand.shop