URS DEFAULT DETERMINATION
Philip Morris Products S.A. v. Privacy Protect, LLC (PrivacyProtect.org)
Claim Number: FA1909001860328
DOMAIN NAME
<get-iqos.online>
PARTIES
| Complainant: Philip Morris Products S.A. of Neuchâtel, Switzerland | |
|
Complainant Representative: DM KISCH INC
Andrew Papadopoulos of Sandton, II, South Africa
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| Respondent: Privacy Protect, LLC (PrivacyProtect.org) Privacy Protect, LLC (PrivacyProtect.org) of Burlington, MA, US | |
REGISTRIES and REGISTRARS
| Registries: DotOnline Inc. | |
| Registrars: Beget 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. | |
| Darryl C. Wilson, as Examiner |
PROCEDURAL HISTORY
| Complainant Submitted: September 3, 2019 | |
| Commencement: September 3, 2019 | |
| Default Date: September 18, 2019 | |
| 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
| Procedural Findings: | ||
| Multiple Complainants: Not applicable. | ||
| Multiple Respondents: Not applicable. | ||
| Findings of Fact: Complainant is an international tobacco company, with products sold in more than 180 markets worldwide. IQOS, an innovative reduced risk tobacco device, was launched in Japan, in 2014. Complainant owns numerous trademark registrations for the distinctive term IQOS covering numerous jurisdictions, including Swiss Registration IQOS (word) No. 660918. 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 18 July 2019. |
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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 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; The Disputed Domain identically adopts the Complainant�s registered trademark IQOS together with a merely generic supplement. The Disputed Domain is used for a website advertising the Complainant�s IQOS products. The website holds out to be an official dealer by prominently using the 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 website owner. Complainant has met its burden by clear and convincing evidence for this element. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant The Respondent and the website provided under the Disputed Domain are not in any way affiliated with the Complainant nor has Complainant authorized Respondent�s registration and/or use of the Disputed Domain. Respondent did not file an answer in the instant proceeding and conceals its identity through its use of a privacy registration service thus precluding a determination that Respondent is commonly known by the registered domain name. Further, by using Complainant�s 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. Respondent's actions indicate Respondent has no legitimate right or interest to the domain name. Complainant has met its burden by clear and convincing evidence for this element.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant 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. By registering a domain name comprising of the Complainant�s IQOS trademark and prominently using the 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. Respondent is intentionally using the IQOS trademark to attract customers to its site. Complainant has met its burden by clear and convincing evidence for this element. 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:
Respondent registered a domain name that fully incorporated Complainant's registered mark. Respondent's use of the mark was purportedly to pass off as Complainant. Respondent did not contest any of Complainant's factual assertions or evidentiary support.
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:
|
Darryl C. Wilson Examiner
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