{
    "case_number": "CAC-ADREU-007871",
    "time_of_filling": null,
    "domain_names": [
        "heets-polska.eu"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Nikolas Rechenberg ( )"
    ],
    "complainant_representative": null,
    "respondent": [
        "-- (PrivActually Ltd)"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Philip Morris Products S.A., a Swiss company established under the laws of Switzerland, is part of the group of companies affiliated to Philip Morris International Inc. (jointly referred to as “PMI”).\r\nPMI is one of the leading international tobacco companies, with products sold in approximately 180 countries.\r\nIn the course of transforming its business from combustible cigarettes to Reduced Risk Products (or “RRPs”, which PMI defines as products that present, are likely to present, or have the potential to present less risk of harm to smokers who switch to those products instead of continuing to smoke), PMI has developed a number of products.  One of the RRPs developed and sold by PMI is branded Iqos.  Iqos is a precisely-controlled heating device into which specially designed tobacco products marketed under the brand names “HEETS” and “HeatSticks” are inserted and then heated to generate a flavorful, nicotine-containing aerosol.\r\nThe Iqos products were first launched by PMI in Nagoya, Japan in 2014.  Today Iqos products are available in key cities in around 51 markets across the world.  As a result of a USD 6 billion investment and extensive international sales and marketing efforts (in accordance with local laws), Iqos products have achieved considerable international success and reputation, and approximately 8.8 million relevant consumers have switched to using Iqos products worldwide.\r\nThe Complainant has proven to be the owner of the IQOS and HEETS marks. \r\nThe Complainant is inter alia the owner of: \r\n-\tInternational Registration HEETS (word\/device) No. 1328679 registered on July 20, 2016;\r\n-\tInternational Registration HEETS (word) No. 1326410 registered on July 19, 2016.\r\nThe disputed domain name was registered by the Respondent on October 23, 2019.\r\nThe Complainant’s trademark registrations predate the registration of the disputed domain name. \r\nThe disputed domain name is linked to an online-shop offering the Complainant’s HEETS products (hereinafter referred to as the “Website”). \r\nThe content of this website is in Polish.",
    "other_legal_proceedings": "To the knowledge of the Panel, there are no other legal proceedings pending or decided that relate to the disputed domain name <heets-polska.eu>.",
    "discussion_and_findings": "To succeed in its Complaint, the Complainant must show that the requirements of Article 21(1) of the Commission Regulation (EC) No. 874\/2004 have been complied with. That paragraph reads as follows: \r\n\"A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognized or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it: \r\n(a) has been registered by its holder without rights or legitimate interest in the name; or \r\n(b) has been registered or is being used in bad faith.\" \r\nIn addition, Article 22(10) of the Regulation and Paragraph B10(a) of the ADR rules provide that: \r\n“In the event that a Party does not comply with any of the time periods established by these ADR Rules or the Panel, the Panel shall proceed to a decision on the Complaint and may consider this failure to comply as grounds to accept the claims of the other Party”.\r\nThe Complainant has provided sufficient evidence that it is the proprietor of many trademark registrations for the name HEETS, which was registered before the disputed domain name.\r\nThe disputed domain name <HEETS-POLSKA.EU> is a combination of the HEETS trademark and the geographic term POLSKA (Poland).\r\nThis Panel is of the opinion that, as previously considered in numerous decisions, the addition in a domain name of a generic, descriptive and\/or geographic term to a trademark is not sufficient to avoid confusion.  \r\nThe Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1). \r\nThe Complainant has further asserted that the Respondent is not known by the HEETS name and does not hold any exclusive rights or rights of any nature to the disputed domain name.\r\nThese assertions are not contradicted by the Respondent. Should the Respondent have rights or legitimate interests to the disputed domain name, the Panel assumes that it would have advised the Panel of the same. As no response was filed, the Panel therefore accepts that the Respondent does not have rights or legitimate interests to the disputed domain name. \r\nIn the absence of any submission on the issue from the Respondent, the Complainant has satisfied the requirements of Article 21(1)(a). It is therefore not necessary to examine the Complainant’s assertion of the Respondent’s bad faith.\r\nThis Panel notes however that the Complainant has provided sufficient arguments to also indicate the Respondent's bad faith in registering and using the disputed domain name.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the disputed domain name <HEETS-POLSKA.EU> be revoked.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2020-04-07 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: heets-polska.eu\r\n\r\nII.     Country of the Complainant: Switzerland, country of the Respondent: Cyprus\r\n\r\nIII.    Date of registration of the domain name: 23 October 2019\r\n\r\nIV.    Rights relied on by the Complainant (Art. 21 (1) Regulation (EC) No 874\/2004) on which the Panel based its decision:\r\n        1.   word and figurative trademark registered in many countries, International reg. No. 1328679, for the term HEETS, registered on 20 July 2016 in respect of goods and services in classes 9, 11 and 34.\r\n        2.   word trademark registered in many countries, International reg. No. 1326410, for the term HEETS, registered on 19 July 2016 in respect of goods and services in classes 9, 11 and 34.\r\n       \r\nV.    Response submitted: No\r\n\r\nVI.   The disputed domain name is confusingly similar to the protected rights of the Complainant\r\n\r\nVII.  Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874\/2004):\r\n        1. No\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n        1. Yes\r\nThe Respondent is prominently using the Complainant’s HEETS trademark within the disputed domain name accompanied by the descriptive geographic indication “polska” (Poland), confusing relevant consumers into believing that the Website is an official or endorsed website for HEETS branded products in Poland. \r\n\r\nIX. Dispute Result: Revocation of the disputed domain name",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}