WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings Case No. D2018-1195 1. The Parties

The Complainant is Avon Products, Inc. of New York, New York, United States of America ("United States"), represented by Adams & Adams Attorneys, South Africa.

The Respondent is Jenika Mukoro, Heirs Holdings, of Lagos, Nigeria, represented by Technology Advisors LLP, Nigeria. 2. The Domain Name and Registrar

The disputed domain name is registered with eNom, Inc. (the "Registrar"). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on May 30, 2018. On May 30, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same date, 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 8, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 28, 2018. According to paragraph 5(b) of the Rules, the Response due date was extended until July 2, 2018. The Response was filed with the Center on July 2, 2018.

The Center appointed Luca Barbero, Clive N.A. Trotman, and Ike Ehiribe as panelists in this matter on August 7, 2018. The Panel finds that it was properly constituted. Each member of 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 a United States company, founded in 1886, that operates as direct seller of cosmetics, beauty and personal care products, medicated skincare products, and also vitamin and supplement products.

The Complainant made first commercial use of the trademark AVON on September 1, 1929, in the United States and currently uses the trademark in relation to its vast array of goods and services in more than 137 countries worldwide.

The Complainant's trademark AVON was ranked amongst the "100 Best Global Brands" by Interbrand in 2013 and was rated under the 100 most powerful brands by Tener Partners, CoreBrand, in 2017.

The Complainant's stock is publicly traded on the New York Stock Exchange. Its reported total revenue was USD 5.7 billion dollars in 2016 and its total sales in the same year amounted to USD 5.5 billion dollars.

The Complainant's offer of healthcare and wellness products is currently the largest product category in the Complainant's direct selling channel, representing 33.5 percent of its total sales. Besides offering medicated skincare products under the trademark AVON, the Complainant recently launched a line of health and wellness products under the brand name ESPIRA BY AVON.

The Complainant also engages in charitable and philanthropic activities aimed at promoting a wide range of issues related to women's health and wellness. Amongst others, it is supporting breast cancer causes with donations and campaigns including in African countries, such as South Africa, where it has hosted its annual walkathon for more than a decade.

The Complainant's AVON products have been advertised and commercialized in Africa, including in Nigeria, and the Complainant has offices in Egypt and South Africa.

The Complainant is the owner of over 4,000 trademark registrations in 118 countries of the world, including in Nigeria. Amongst others, the Complainant is the owner of Nigerian trademark registrations for the word mark AVON filed on May 11, 2010, registered on April 6, 2011, and duly renewed, in classes 3, 9, 14, 18, 25, 35, 38, 41, and 42, as highlighted in Annexes M to the Complaint.

The Complainant operates its main website at the domain name , registered on March 1, 1996, at which it promotes and offers for sale its AVON products. The Complainant also owns additional domain names including the trademark AVON, such as , registered on May 15, 2000, , registered on June 6, 2002, and , registered on December 17, 1998.

The Respondent is a Nigerian investment company with a portfolio spanning across power, oil and gas, financial services, hospitality, real estate, and healthcare sectors. It is the holding company of Avon Healthcare Limited, a health management organization (HMO) registered since 2012 with the National Health Insurance Scheme (NHIS), the regulatory agency overseeing the Nigerian health industry and operating as of 2013.

The disputed domain name was registered on August 21, 2012, and is pointed to a website promoting healthcare services provided by the Nigerian company Avon Healthcare Limited. 5. Parties' Contentions A. Complainant

The Complainant contends that the disputed domain name is confusingly similar to its registered trademark AVON, since it encompasses its distinctive and well-known trademark with the mere addition of the descriptive element "healthcare" and the Top-Level domain ".com". The Complainant also states that the addition of the said suffix increases the likelihood of confusion between the disputed domain name and the Complainant's trademark, which has been used for several years also in connection with cosmetics, beauty, health and healthcare products.

The Complainant asserts that the Respondent has no rights or legitimate interests in the disputed domain name because:

- the Complainant has not granted authorization or permission to the Respondent to register or use the disputed domain name and there is no business relationship between the Complainant,

- due to the international renown of the Complainant's well-known trademark AVON, there can be no rights or legitimate interests by the Respondent in the disputed domain name,

- the Respondent registered the disputed domain name to exploit the extensive goodwill associated with the Complainant's well-known trademark AVON for commercial gain,

- the Respondent is not using the disputed domain name in connection with a bona fide offering of goods or services, since the existence of the disputed domain name is likely to take unfair advantage of and be detrimental to the distinctive character and reputation of the Complainant's well-known trademark AVON,

- the Respondent has no trademark rights consisting of the trademark AVON and has not been commonly known before the Complainant registered its trademark AVON internationally and in Nigeria,

- the disputed domain name is not being used in connection with a legitimate noncommercial or fair use since it redirects users to a website that is clearly designed to attract customers for commercial gain and is apt to divert traffic intended for the Complainant to the Respondent's website, by causing confusion with the Complainant and its products,

- searches on the Internet and at the Nigerian Registry would have easily revealed the Complainant's prior use and registration of the trademark AVON,

- the registration of the disputed domain name on behalf of the company Avon Healthcare Limited would not be sufficient to claim a legitimate interest.

The Complainant submits that the Responde