Decisión del Panel Administrativo nº D2018-0098 of WIPO Arbitration and Mediation Center, March 12, 2018 (case Philip Morris USA Inc. v. Nelia Andrade)

• Resolution Date: March 12, 2018
• 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. Nelia Andrade

Case No. D2018-0098

1. The Parties

The Complainant is Philip Morris USA Inc. of Richmond, Virginia, United States of America ("United States"), represented by CSC Digital Brand Services Group AB, Sweden.

The Respondent is Nelia Andrade of Southampton, United Kingdom of Great Britain and Northern Ireland ("United Kingdom").

2. The Domain Name and Registrar

The Disputed Domain Name [marlboro-company.com] is registered with Google Inc. (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 18, 2018. On January 18, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On January 18, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Disputed Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on January 23, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on January 29, 2018.

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 Respondent of the Complaint, and the proceedings commenced on January 29, 2018. In accordance with the Rules, paragraph 5, the due date for Response was February 18, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on February 19, 2018.

The Center appointed Mariya Koval as the sole panelist in this matter on February 26, 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 has marketed and sold cigarettes and tobacco products under trademark MARLBORO since 1883, having spent considerable amount of time and money for advertising and promoting its trademark.

The Complainant is the proprietor of the numerous registrations for MARLBORO trademark since 1908, within, inter alia, the United States, including the following relevant ones:

Trademark	Jurisdiction	Registration No.	Registration Date	Goods
MARLBORO	United States	68,502	April 4, 1908	Cigarettes
MARLBORO	United States	3,365,560	January 1, 2008	Tobacco products, namely, snus
MARLBORO	United States	3,419,647	April 29, 2008	Tobacco products, namely, smokeless tobacco

The Complainant has operated the domain name [marlboro.com] since March 6, 2000 and domain name [marlboro.net] since August 15, 1998. On the website under the...