Decisión del Panel Administrativo nº D2018-1707 of WIPO Arbitration and Mediation Center, September 15, 2018 (case Philip Morris Products S.A. v. Chen Xian)

• Resolution Date: September 15, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Philip Morris Products S.A. v. Chen Xian

Case No. D2018-1707

1. The Parties

The Complainant is Philip Morris Products S.A. of Neuchâtel, Switzerland, represented by Boehmert & Boehmert, Germany.

The Respondent is Chen Xian of Guangzhou, Guangdong, China.

2. The Domain Names and Registrar

The disputed domain names [iqos5.com] and [iqos6.com] are registered with eName Technology Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on July 27, 2018. On July 27, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On July 30, 2018, 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. On July 31, 2018, the Center sent an email in English and Chinese to the Parties regarding the language of the proceeding. The Complainant requested that English be the language of the proceeding on August 2, 2018. On the same day, the Complainant submitted an amendment to the Complaint regarding the Respondent’s information. The Respondent did not comment on the language of the proceeding by the specified due date.

The Center verified that the Complaint together with the amendment to 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 and 4, the Center formally notified the Respondent in English and Chinese of the Complaint, and the proceedings commenced on August 7, 2018. In accordance with the Rules, paragraph 5, the due date for Response was August 27, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 28, 2018.

The Center appointed Jonathan Agmon as the sole panelist in this matter on September 3, 2018. 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, Philip Morris Products S.A., is part of a corporate group owned by Philip Morris International, Inc. (“PMI”), a tobacco company. PMI developed and distributed “IQOS” which is a device in which specially designed tobacco sticks, namely, “HEETS” or “HeatSticks”, are inserted and heated to create a tobacco vapor. The “IQOS” system also consists of an “IQOS Pocket Charger”, which is specially designed to charge the “IQOS Holder” (hereinafter collectively referred to as the “IQOS Products”). The IQOS Products were first launched by PMI in Japan in 2014 and are being sold in around 38 countries worldwide today through PMI’s official IQOS stores and websites and selected authorized distributors and retailers.

The Complainant is the owner of numerous trademarks worldwide for the mark IQOS, including:

- IQOS (Registration No. 16314286) registered in China on May 14, 2016;

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Registration No. 16314287) registered in China on May 14, 2016;

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(International Registration No. 1329691) registered on in August 10, 2016, in multiple countries, including China;

- HEETS (International Registration No. 1326410) registered on July 19, 2016;

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(International Registration No. 1328679) registered on July 20, 2016 in multiple countries, including China;

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(International Registration No. 1331054) registered on October 11, 2016 in multiple countries, including China; and

THIS CHANGES EVERYTHING (International Registration No. 1343294)...