URS DEFAULT DETERMINATION


Philip Morris Products S.A. v.
Claim Number: FA2204001990776


DOMAIN NAME

<iqos-vip.shop>


PARTIES


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

   Respondent: Mazurin Dmitriy Nikolaevich of g Zheleznogorsk, Kurskaia obl, II, Russian Federation
  

REGISTRIES and REGISTRARS


   Registries: GMO Registry, Inc.
   Registrars: JSC RU-CENTER

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 4, 2022
   Commencement: April 6, 2022
   Default Date: April 21, 2022
   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 


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 as the disputed domain name identically adopts Complainant’s registered trademark IQOS together with a merely generic supplement.


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

Determined: Finding for Complainant 


Examiner notes that Complainant is an international tobacco company, with products sold in over 180 markets worldwide. IQOS, an innovative reduced risk tobacco device, was launched in Japan, in 2014. Today due to extensive international sales, in accordance with local laws, the IQOS product is sold in around 71 markets. Respondent and the website provided under the disputed domain name are not in any way affiliated to Complainant nor has Complainant authorized Respondent’s registration and use of the disputed domain name. By registering a domain name comprising of Complainant’s IQOS trademark and prominently using Complainant’s IQOS trademarks 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 name 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. Such use of the IQOS trademarks by Respondent while it conceals its identity, does not constitute a ‘bona fide offering’ of goods. Therefore, Examiner determines that Respondent has no legitimate right or interest to the disputed domain name.


[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 


Examiner notes that the disputed domain is used for a website advertising and selling Complainant’s IQOS products, as well as unrelated third- party products. The website holds out to be an official endorsed dealer by prominently using Complainant’s IQOS trademark in the domain name and at the top of the website. The website also uses Complainant’s copyright protected product images and official marketing materials. The website reveals no information regarding the identity of the website provider nor does it acknowledge Complainant as the real brand owner. Examiner agrees and finds that this leaves Internet users under the false impression that the website is owned by Complainant or one of its official licensees. Examiner notes that 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. Examiner finds that Respondent is using Complainant’s IQOS trademarks to confuse and attract customers to its site, while also offering products unrelated to Complainant. Therefore, Examiner determines that Respondent registered and uses the the disputed domain name 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:


  1. 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:

  1. iqos-vip.shop

 

Ho-Hyun Nahm
Examiner
Dated: April 22, 2022

 

 

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