Decisión del Panel Administrativo nº D2015-0380 of WIPO Arbitration and Mediation Center, May 14, 2015 (case Philip Morris USA Inc. v. Johnny Angelone, Aware Marketing)

• Resolution Date: May 14, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Philip Morris USA Inc. v. Johnny Angelone, Aware Marketing

Case No. D2015-0380

1. The Parties

The Complainant is Philip Morris USA Inc. of Richmond, Virginia, United States of America ("United States" or "U.S."), represented by Arnold & Porter, United States.

The Respondent is Johnny Angelone, Aware Marketing of Scottsdale, Arizona, United States.

2. The Domain Name and Registrar

The disputed domain name [philipmorrisusasucks.com] (the "Domain Name") is registered with GoDaddy.com, LLC (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 4, 2015. On March 5, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On March 5, 2015, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 16, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was April 5, 2015. The Center received an informal communication from the Respondent on March 27, 2015. The Respondent did not file a formal Response.

The Center appointed Evan D. Brown as the sole panelist in this matter on April 16, 2015. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

The Complainant has used the name "Philip Morris" continuously throughout the United States for over a century, and the public has come to associate that name with the Complainant as a company and with the Complainant's tobacco products. The Respondent registered the Domain Name on October 13, 2014 and set the domain name to point to a website that shows an image that reads "website coming soon!" and contains text below such image that reads "Please check back soon to see if the site is available."

5. Parties' Contentions

A. Complainant

The Complainant asserts that its widespread and longstanding use of the name "Philip Morris" and the resulting public recognition give it trademark rights in the United States and entitle it to protection under the Policy. The Domain Name is confusingly similar – according...