URS DEFAULT DETERMINATION


Philip Morris Products S.A. v. Contact Privacy Inc. Customer 0160096233
Claim Number: FA2202001983010


DOMAIN NAME

<heetmeup.online>


PARTIES


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

   Respondent: Contact Privacy Inc. Customer 0160096233 Contact Privacy Inc. Customer 0160096233 of Toronto, ON, CA
  

REGISTRIES and REGISTRARS


   Registries: DotOnline Inc.
   Registrars: Tucows.com Co.

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: February 3, 2022
   Commencement: February 4, 2022
   Default Date: February 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: Complainant is the international tobacco company Philip Morris Products S.A., 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 66 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. Complainant asserts that “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 International Registration HEETS (word) No. 692494, registered on 12th Sep 2016 (IR copy submitted - Exhibit A). Complainant also submitted Exhibit B, which is the Signed Mark Data issued by the Trademark Clearinghouse, which proves actual use of the trademark (URS Rule 8.1.2.1). The Disputed Domain, which was registered on 26 November 2020, is used for a website advertising and selling Complainant’s IQOS products, as well as unrelated third-party products. Complainant submitted Screenshot of the Defendant’s website, using the disputed domain name and stating on top “HEETSHOP”, as being an official endorsed dealer by the Complainant. Defendant is prominently using a mark highly similar / almost identical to Complainant’s HEETS trademark in the domain name, the registered HEETS trademark at the top of the website (where internet users usually expect to find the online shop’s name or website owner), and Complainant’s copyright protected product images and official marketing materials. The website reveals no information regarding the website provider’s identity, 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 - screenshots of the website).

  

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. heetmeup.online

 

Vali Sakellarides
Examiner
Dated: February 23, 2022

 

 

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