WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Philip Morris Products S.A. v. SiberDC Case No. D2018-2840 1. The Parties

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

The Respondent is SiberDC of Istanbul, Turkey. 2. The Domain Name and Registrar

The disputed domain name is registered with Atak Domain Hosting Internet ve Bilgi Teknolojileri Limited Sirketi d/b/a Atak Teknoloji (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 12, 2018. On December 12, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 16, 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 17, 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 on December 21, 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 Kaya Köklü as the sole panelist in this matter on January 31, 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 is part of the Philip Morris International Inc. group, which is a group of companies active in the field of tobacco and smoke-free products.

The Complainant owns various word and figurative IQOS trademark registrations around the world, including in Turkey, where the Respondent appears to be located. According to the provided documents in the case file, the Complainant is, inter alia, the registered owner of the International Trademark Registrations No. 1218246 (registered on July 10, 2014) and No. 1329691 (registered on August 10, 2016), both covering trademark protection, inter alia, for products as covered in classes 9 and 11.

The Complainant also owns and operates various domain names which incorporate the IQOS trademark, such as .

The Respondent seems to be an individual or company from Turkey. The true identity of the Respondent, however, remains unknown as name and contact details in the WhoIs records for the disputed domain name are apparently concealed behind a privacy registration service provider.

The disputed domain name was registered on April 16, 2018.

The screenshots, as provided by the Complainant, show that the disputed domain name resolves to a website in the Turkish language, which is used for offering various kinds of IQOS smoking-free products. On this website, the Respondent prominently uses the IQOS word and figurative trademark as well as product images of the Complainant without publishing any visible disclaimer describing the (non-existent) relationship between the parties. 5. Parties’ Contentions A. Complainant

The Complainant requests the transfer of the disputed domain name.

The Complainant is of the opinion that the disputed domain name is confusingly similar to its IQOS trademark.

Furthermore, the Complainant argues that the Respondent has no rights or legitimate interests in respect of the disputed domain name. It is rather argued that the disputed domain name falsely suggests that there is some official or authorized link with the Complainant and the Respondent.

Finally, it is argued that the Respondent has registered and is using the disputed domain name in bad faith. The Complainant particularly argues that the Respondent must have been well aware of the Complainant’s IQOS trademark, when registering the disputed domain name, particularly as the Respondent prominently uses the Complainant’s word and figurative IQOS trademarks on the website linked to the disputed domain name and its product images without authorization and any disclosure of the missing relationship between the Complainant and the R