WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Philip Morris Products S.A. v. Registration Private, Domains By Proxy, LLC / ESTORE IQOS Case No. D2018-2826 1. The Parties

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

The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States of America (“US”) / ESTORE IQOS of Fujian, China. 2. The Domain Name and Registrar

The disputed domain name is registered with Wild West Domains, LLC (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 11, 2018. On December 11, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 13, 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 December 14, 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 amendment to the Complaint/amended Complaint on December 17, 2018.

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 of the Complaint, and the proceedings commenced on December 27, 2018. In accordance with the Rules, paragraph 5, the due date for Response was January 16, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 17, 2019.

The Center appointed Johan Sjöbeck as the sole panelist in this matter on January 22, 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. 4. Factual Background

The Complainant has submitted evidence that it is the owner of a large number of trademark registrations in numerous countries, including the following:

IQOS (word) with US registration number 4763090, registration date June 30, 2015, and foreign registration date July 7, 2014.

IQOS (word) with international registration number 1218246 and registration date July 10, 2014.

IQOS (device) with international registration number 1329691 and registration date August 10, 2016.

HEETS (word/device) with international registration number 1328679 and registration date July 20, 2016.

HEETS (word) with international registration number 1326410 and registration date July 19, 2016.

IQOS THIS CHANGES EVERYTHING (word) with international registration number 1343294 and registration date December 12, 2016.

The disputed domain name was registered by the Respondent on September 3, 2018. 5. Parties’ Contentions A. Complainant

The Complainant, Philip Morris Products S.A., is part of the group of companies affiliated to Philip Morris International Inc., which is the leading international tobacco company, having products sold in approximately 180 countries and a brand portfolio containing brands such as MARLBORO.

Philip Morris International Inc. has developed the product IQOS, which is a controlled heating device into which specially designed tobacco products under the brand names “Heets” and “HeatSticks” are inserted and heated to generate a nicotine-containing aerosol. The IQOS products were first launched by Philip Morris International Inc. in Nagoya, Japan in 2014. Today the IQOS products are available in key cities in around 43 markets across the world. As a result of a USD 4.5 billion investment and extensive international sales and marketing efforts, the IQOS products have achieved considerable international success and reputation, and already, almost 6 million legal-aged smokers have switched to the smoke-free products worldwide.

The Respondent is not in any way related to the Complainant or any affiliate and is not authorized to use the IQOS trademark.

The disputed domain name resolves to an online shop where not only the Complainant’s IQOS and HEETS branded goods are offered for sale, but also goods produced by competitors to the Complainant. The fact that the website is provided in English and that the prices are displayed USD indicates that the Respondent’s website is directed to Internet users located in the US.

The Respondent’s website is clearly suggesting that the Respondent is an official dealer. The website is prominently using the indication IQOS eStore accompanied by the Complainant’s registered slogan “THIS CHANGES EVERYTHING” at the top left of the website. Below the heading, the website again displays the Complaint’s slogan “THIS CHANGES EVERYTHING” above one of the Complainant’s official marketing videos. In addition, the Respondent is using the Complainant’s official product images combined with the Complainant’s registered IQOS trademark for presenting the products on the website without the Complainant’s authorization.

At the bottom of the website the Respondent includes a copyright notice claiming copyright in all material used on the website.

In the “About Us” section of the website the Respondent uses the Complainant’s official marketing text taken from the Complainant’s official website to promote the IQOS branded products. The Complainant’s marketing text is protected by copyright.

The Respondent’s website does not show any details regarding the provider of the website nor does it acknowledge the Complainant as the real brand owner, leaving the user under the impression that the online shop provided under the disputed domain name is the Complainant or one of its official distributors.

The disputed domain name reproduces the Complainant’s trademark IQOS in its entirety, together with the generic abbreviation “estore” for “electronic store” being a synonym for “online store”.

The Respondent is not making a legitimate noncommercial or fair use of the disputed domain name. On the contrary, the Respondent’s behavior shows a clear intent to obtain a commercial gain, with a view to misleadingly divert relevant consumers or tarnish the Complainant’s trad