URS DEFAULT DETERMINATION


Philip Morris Products S.A. v.
Claim Number: FA2208002008847


DOMAIN NAME

<iiqos.shop>


PARTIES


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

   Respondent: amir mohammad shafiei of Copenhagen, II, Denmark
  

REGISTRIES and REGISTRARS


   Registries: GMO Registry, Inc.
   Registrars: CSL Computer Service Langenbach GmbH

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.
   Vali Sakellarides, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: August 18, 2022
   Commencement: August 19, 2022
   Default Date: September 6, 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: 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. Complainant states that today due to extensive international sales, in accordance with local laws, the IQOS product is sold in around 71 markets. IQOS is an electronic heating device into which specially designed tobacco sticks (branded “HEETS”, “HeatSticks” or “TEREA”) are inserted and heated to generate a flavorful nicotine containing aerosol. “IQOS” and “HEETS” are not ordinary dictionary words or generic. Complainant owns numerous trademark registrations for the distinctive trademarks IQOS and HEETS, covering numerous jurisdictions, including Swiss Registration IQOS (word) No. 660918 (Exhibit A – copy submitted). 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). Respondent registered the Disputed Domain on 16 June 2022. The Disputed Domain is used for a website advertising and selling the Complainant’s IQOS and HEETS 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, where internet users usually expect to find the name of the online shop or website owner. 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. This leaves internet users under the false impression that the website is owned by Complainant or one of its official licensees (Exhibit C for screenshots of the website translated with Google Translate). The Disputed Domain identically adopts Complainant’s registered trademark IQOS together with a merely generic supplement. 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. By registering a domain name comprising of Complainant’s IQOS trademark and prominently using Complainant’s IQOS 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. Such use of the IQOS trademark by the Respondent while it conceals its identity, does not constitute a “bona fide offering” pursuant to the “OKI Data Principles” and unquestionably demonstrates bad faith. Respondent is intentionally using Complainant’s IQOS trademark to confuse and attract customers to its site, while also offering products unrelated to Complainant.

  

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 


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

Determined: Finding for Complainant 


[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 


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. iiqos.shop

 

Vali Sakellarides
Examiner
Dated: September 9, 2022

 

 

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