URS DEFAULT DETERMINATION
Philip Morris Products S.A. v. Private person
Claim Number: FA2104001941074
DOMAIN NAME
<iqos-club.fun>
PARTIES
Complainant: Philip Morris Products S.A. of Neuchâtel, II, Switzerland | |
Complainant Representative: DM KISCH INC of Sandton, II, South Africa
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Respondent: Private person / Lyudmila Bubnova Private person of Moscow, Moskovskaya obl., II, RU | |
REGISTRIES and REGISTRARS
Registries: DotSpace 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. | |
Ho-Hyun Nahm, as Examiner |
PROCEDURAL HISTORY
Complainant Submitted: April 12, 2021 | |
Commencement: April 12, 2021 | |
Default Date: April 27, 2021 | |
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 Examiner finds that Complainant holds a valid national or regional trademark registration and that is in current use. Examiner finds that the disputed domain name is confusingly similar to Complainant's trademark IQOS. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Panel notes that Respondent and the website provided under the disputed domain are not in any way affiliated to Complainant nor has Complainant authorized Respondent’s registration and use of the disputed domain name. Such use of the IQOS trademark by Respondent while it conceals its identity, does not constitute a bona fide offering of goods or services. Therefore, Examiner determines that Respondent has no legitimate right or interest to the domain name.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Complainant contends that by registering the disputed domain name comprising of Complainant’s IQOS trademark and prominently using Complainant’s 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 IQOS trademark in the disputed domain 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. Examiner agrees with Complainant that Respondent's use of the disputed domain name constitutes bad faith registration and use of the disputed domain name. 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:
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Ho-Hyun Nahm Examiner
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