Philip Morris Products S.A. v. GLOBAL DOMAIN PRIVACY SERVICES INC
Claim Number: FA2206002000020
Complainant: Philip Morris Products S.A. of Neuchâtel, International, Switzerland.
Complainant Representative: DM KISCH INC of Sandton, International, South Africa.
Respondent: Private Whois / GLOBAL DOMAIN PRIVACY SERVICES INC of Panama, International, Panama.
REGISTRY and REGISTRAR
Registry: .CLUB DOMAINS, LLC
Registrar: URL Solutions, Inc.
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.
Mr. Sebastian Matthew White Hughes, as Examiner.
Complainant submitted: June 13, 2022
Commencement: June 15, 2022
Default Date: June 30, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
FINDINGS and DISCUSSION
Even though 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 is 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.
Complainant is an international tobacco company and the owner of numerous registrations for the word trademark HEATSTICKS (the “Trademark”) in jurisdictions worldwide, including International Registration No. 1217386, with a registration date of July 21, 2014; and Russian Registration No. 562171. The Trademark is registered with the Trademark Clearinghouse which is sufficient to prove actual use of the trademark under URS Rule 8.1.2.1.
Determined: Finding for Complainant
Disregarding the gTLD <.club>, the domain name is identical to the Trademark.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Respondent has no legitimate rights or interests in respect of the domain name. Respondent has no trade mark rights in respect of the domain name. The domain name was registered on May 22, 2019. It has been used, without the authorization or approval of the Complainant, in respect of a website which offers for sale tobacco products of both the Complainant and its competitors, under the Trademark, to consumers in Russia (the “Website”).
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
Determined: Finding for Complainant
In light of its manner of use, the domain name has been registered and used in bad faith under [URS 1.2.6.3] and under [URS 1.2.6.3] paragraph d.
Mr. Sebastian Matthew White Hughes, Examiner
Dated: July 5, 2022
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