Decisión del Panel Administrativo nº D2020-1676 of WIPO Arbitration and Mediation Center, September 10, 2020 (case Philip Morris Products S.A. v. Contact Privacy Inc. Customer 1247056114 / Ed Lin and Domains By Proxy, LLC / Hsuan Kin)

Resolution DateSeptember 10, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Philip Morris Products S.A. v. Contact Privacy Inc. Customer 1247056114 / Ed Lin and Domains By Proxy, LLC / Hsuan Kin

Case No. D2020-1676

1. The Parties

The Complainant is Philip Morris Products S.A., Switzerland, represented by D.M. Kisch Inc., South Africa.

The Respondents are Contact Privacy Inc. Customer 1247056114, Canada / Ed Lin, Taiwan Province of China (“Taiwan”) and Domains By Proxy, LLC, United States of America / Hsuan Kin, Taiwan.

2. The Domain Names and Registrars

The disputed domain name [iiqos.net] is registered with Google LLC, and the disputed domain name [iqostw.net] is registered with GoDaddy.com, LLC (the “Registrars”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 26, 2020. On June 26, 2020, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. On June 27 and 29, 2020, the Registrars transmitted by email to the Center their verification responses disclosing registrant and contact information for the disputed domain names which differed from the named Respondents and contact information in the Complaint. The Center sent an email communication to the Complainant on July 1 and 10, 2020, providing the registrant and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed amended Complaints on July 1 and July 10, 2020.

The Center verified that the Complaint together with the amended 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 Respondents of the Complaint, and the proceedings commenced on July 14, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 3, 2020. The Respondents did not submit any response. Accordingly, the Center notified the Respondents’ default on August 4, 2020.

The Center appointed Francine Tan as the sole panelist in this matter on August 27, 2020. 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 is part of the group of companies affiliated to Philip Morris International Inc. (jointly...

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