WIPO Domain Name Decision D2019-1868 for sellheets.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Philip Morris Products S.A. v. Anton Gromov Case No. D2019-1868 1. The Parties
The Complainant is Philip Morris Products S.A., Switzerland, represented by D.M. Kisch Inc., South Africa.
The Respondent is Anton Gromov, Russian Federation. 2. The Domain Name and Registrar
The disputed domain name is registered with GoD, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 2, 2019. On August 2, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 5, 2019, 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 August 6, 2019, 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 August 6, 2019.
The Center verified that the Complaint 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 August 12, 2019. In accordance with the Rules, paragraph 5, the due date for Response was September 1, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 2, 2019.
The Center appointed Luiz E. Montaury Pimenta as the sole panelist in this matter on September 12, 2019. 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.
After receiving notification from the Center of the Panel appointment on September 12, 2019, the Center received a communication from the Respondent on September 19, 2019. 4. Factual Background
The Complainant is a company affiliated to Philip Morris International Inc. (“PMI”), leading international tobacco company with products sold in more than 180 countries.
The Complainant owns a product called IQOS, which is a precisely controlled heating device into which specially designed tobacco products under the name “HEETS” or “HEATSTICKS” are inserted and heated to generate a flavorful nicotine-containing aerosol.
The Complainant owns several trademark registrations for HEETS in numerous jurisdictions throughout the world.
The disputed domain name was registered on January 13, 2019. 5. Parties’ Contentions A. Complainant
The Complainant argues that the Respondent is offering for sale the Complainant’s IQOS System for a global audience. The Complainant informs that their IQOS System is not currently sold in every country of the world, nevertheless, the Respondent would be purporting to be an official retailer of the Complainant’s IQOS System on a global basis.
The Complainant alleges that the disputed domain name contains their registered trademark in its entirety and simply adds the descriptive