Swedish Match North Europe, Philip Morris International, Inc. v Chavez

WIPO Case No. D2025-3126

ARBITRATION

AND

MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

Swedish Match North Europe, Philip Morris International, Inc. v. Chavez
sdgw, Mostow Co.

Case No. D2025-3126

1. The Parties

The Complainants are Swedish Match North Europe, Sweden, Philip Morris International, Inc., United States of America (“United States” or “US”), represented by D.M. Kisch Inc., South Africa.

The Respondent is Chavez sdgw, Mostow Co., United States.

2. The Domain Name and Registrar

The disputed domain name <rewardszyn.com> is registered with Gname.com Pte. Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 6, 2025.
On August 6, 2025, the Center transmitted by email to the Registrar a request for registrar verification in
connection with the disputed domain name. On August 7, 2025, 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 (Redacted for Privacy) and contact information in
the Complaint. The Center sent an email communication to the Complainants on August 8, 2025, providing
the registrant and contact information disclosed by the Registrar, and inviting the Complainants to submit an
amendment to the Complaint. The Complainants filed a first amended Complaint on August 12, 2025, a

second amended Complaint on August 15, 2025, and a third amended Complaint on August 28, 2025.

The Center verified that the Complaint together with the amended Complaints 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 28, 2025. In accordance with the Rules, paragraph
5, the due date for Response was September 17, 2025. The Respondent did not submit any response.
Accordingly, the Center notified the Respondent’s default on September 18, 2025.

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The Center appointed Daniel Peña as the sole panelist in this matter on September 24, 2025. 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 Complainants are Swedish Match North Europe AB (“Swedish Match”), a Swedish company
established under the laws of Sweden and a subsidiary of Philip Morris International, Inc. Philip Morris
International, Inc. is a company established under the laws of the Commonwealth of Virginia, United States.
The latter acquired Swedish Match in May 2022, and both belong to the same group of companies. The

Complainants will be hereinafter referred to collectively as the “Complainant”.

Swedish Match was founded in 1992 and is primarily engaged in the business of manufacturing, marketing,
and selling smoke-free tobacco products, such as snus and nicotine pouches, which are sold in several
countries. Swedish Match’s brand portfolio contains brands like ZYN used for nicotine pouches
in the United States, where it was first launched in 2016.

The ZYN nicotine product is available in around 40 markets across the world. As a result of the extensive international sales, the ZYN nicotine product has achieved considerable international success and reputation. Swedish Match, with its long history in this field, has become well known for its products in Sweden, Norway and the United States.

The Complainant itself or through its affiliated company owns trademark registrations across various jurisdictions as follows:

- United States Registration No. 5061008, ZYN (word), in international class 34, registered on

October 11, 2016;

- United States Registration No. 5925183, FIND YOUR ZYN (word), in international class 34, registered on

December 03, 2019;

- International Registration No. 1421212, ZYN (word), to cover international class 34 inter alia smokers’

articles and tobacco free snuff, registered on April 18, 2018, designating various jurisdictions; and

- International Registration No. 1456681, (figurative), to cover international class 34, registered on

December 27, 2018, designating various jurisdictions.

The disputed domain name registered on August 5, 2025, hosts a deceptive website that impersonates the
official US website for ZYN nicotine products. It uses the Complainant’s logos, layout, and legal
details to falsely suggest affiliation and mislead visitors. In addition to this impersonation, the site engages
in phishing activities by attempting to collect users’ personal and financial information through

a fraudulent login tool embedded on the site.

5. Parties’ Contentions

A. Complainant

The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.

Notably, the Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name. The Complainant contends that the disputed domain name is

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confusingly similar to its ZYN trademark registrations registered in numerous jurisdictions,
including, but not limited to the United States.

The disputed domain name reproduces the Complainant’s ZYN trademarks in their entirety, added the generic expression “rewards”.

The generic Top-Level Domain (“gTLD”) “.com”, should be disregarded as it is a standard registration requirement.

The Complainant asserts that it has not licensed or otherwise permitted the Respondent to use any of its trademarks or to register a domain name incorporating its ZYN trademark (or a domain name which will be associated with this trademark).

The Respondent is not an authorized distributor or reseller of ZYN nicotine product and is not making a legitimate noncommercial or fair use of the disputed domain name. On the contrary, the Respondent intends to obtain an unfair commercial gain, with a view to misleadingly divert consumers or to tarnish the trademarks owned by the Complainant.

The website linked to the disputed domain name falsely presents itself as the official US site for ZYN nicotine products. It copies the Complainant’s logos, layout, and legal details, including misleading labels like “Official Website | ZYN USA,” to create a deceptive appearance of affiliation. Additionally, it features a login tool designed to collect users’ personal data for phishing purposes.

Such use of the disputed domain name cannot be considered a bona fide offering of goods and does not establish a legitimate interest on behalf of the Respondent. It is evident from the Respondent’s use of the disputed domain name that the Respondent knew of the Complainant’s ZYN trademark when registering the disputed domain name.

Furthermore, the Complainant contends that the term “zyn” is purely imaginative, and unique to the Complainant. The term “zyn” is not commonly used to refer to nicotine, tobacco products or electronic devices. It is, therefore, beyond the realm of reasonable coincidence that the Respondent chose the disputed domain name, without the intention of invoking a misleading association with the Complainant.

The Respondent creates a likelihood of confusion with the Complainant’s registered ZYN trademark as to the source, sponsorship, affiliation, and endorsement of its websites, locations, services or products, which constitutes registration and use in bad faith.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

6. Discussion and Findings

Under paragraph 4(a) of the Policy, for the transfer of the disputed domain name the Complainant must establish that: (i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (ii) the Respondent has no rights or legitimate interests in

respect of the disputed domain name; and (iii) the disputed domain name has been registered and is being
used in bad faith. The Rules provide that if the Respondent does not comply with the time periods
established, or with any provision or requirement under paragraph 14 of the Rules, the panel shall proceed
to a decision on the complaint and draw such inferences as it considers appropriate.

Pursuant to paragraph 15(a) of the Rules, a panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, the Rules and any rules and principles of law that it deems applicable. The Panel has reviewed the case and found the following:

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A. Identical or Confusingly Similar

Paragraph 4(a)(i) of the Policy requires the Complainant to show that the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights.

The Complainant has provided evidence of its rights in the trademarks ZYN on the basis of its multiple trademark registrations. The Panel finds that the Complainant has shown rights in respect of the trademarks for the purposes of the Policy (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.2.1). The Panel finds that the disputed domain name is confusingly similar to the Complainant’s ZYN trademarks.

The Respondent’s incorporation of the Complainant’s mark in full in the disputed domain name is evidence that the disputed domain name is confusingly similar to the Complainant’s marks. WIPO Overview 3.0, section 1.7. Although the addition of other terms, here, “rewards” may bear on assessment of the second and third elements, the Panel finds the addition of such term does not prevent a finding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8.

Furthermore, the gTLD “.com” is viewed as a standard registration requirement and as such is disregarded under the first element confusing similarity test. WIPO Overview 3.0, section 1.11.1.

The Panel is satisfied that the disputed domain name is confusingly similar to the Complainant’s mark and the Complainant has satisfied the first requirement of the Policy.

B. Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name. Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or

legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring
information that is often primarily within the knowledge or control of the respondent. As such, where a
complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden
of production on this element shifts to the respondent to come forward with relevant evidence demonstrating
rights or legitimate interests in the domain name (although the burden of proof always remains on the
complainant). If the respondent fails to come forward with such relevant evidence, the complainant is
deemed to have satisfied the second element. WIPO Overview 3.0, section 2.1.

The Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate

interests in the disputed domain name such as those enumerated in the Policy or otherwise.

Based on the information submitted by the Complainant, the Complainant has not granted the Respondent authorization to register or use the disputed domain name. Moreover, there is no evidence indicating that the Respondent is commonly known by the disputed domain name.

Finally, the Respondent did not file a Response to the Complaint. The Panel may draw from the lack of a

Response the inferences that it considers appropriate, according to the Rules, paragraph 14(b).

The Panel finds that the second element of the Policy has been established.

C. Registered and Used in Bad Faith

Paragraph 4(b) of the Policy states that any of the following circumstances, in particular but without limitation, shall be considered evidence of the registration and use of a disputed domain name in bad faith:

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(i) circumstances indicating that the respondent registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant (the owner of the trademark or service mark) or to a competitor of that complainant, for valuable consideration in

excess of documented out-of-pocket costs directly related to the domain name; (ii) the respondent has
registered the domain name in order to prevent the owner of the trademark or service mark
from reflecting the mark in a corresponding domain name, provided that the respondent has engaged in a
pattern of such conduct; (iii) the respondent has registered the domain name primarily for the purpose of
disrupting the business of a competitor; or (iv) by using the domain name, the respondent has
intentionally attempted to attract, for commercial gain, Internet users to its website or other online location,
by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or
endorsement of the respondent’s website or location or of a product or service on its website or location.

In the Panel’s view, a finding of bad faith may be made where the Respondent “knew or should have known” finding is reinforced given the construction of the disputed domain name, which combines the mark ZYN with the generic term “rewards”, as well as the fact that the disputed domain name directed to a website that impersonates the official US site for ZYN nicotine products.
of the registration and/or use of the trademark prior to registering the disputed domain name. In this case,

the Complainant submits that, at the date of registration of the disputed domain name, the

The Panel is satisfied that by directing the disputed domain name to a commercial website impersonating the
Complainant and allegedly offering the Complainant’s goods, the Respondent has intentionally
attempted to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion
with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of its website or of the
products on its website (see section 3.1.4 of the WIPO Overview 3.0). Under paragraph 4(b)(iv) of the
Policy, this circumstance shall be evidence of the registration and use of a domain name in bad faith.

In addition, the potential use of the disputed domain name for scam and phishing affirms a finding of bad faith (see WIPO Overview 3.0, section 3.4).

Having considered the Complainant’s submissions and in the absence of a Response, the Panel accepts the
Complainant’s submission that on the evidence there is no plausible circumstance under which the

Respondent could legitimately register or use the disputed domain name.

Consequently, the Panel finds that the disputed domain name was registered and used by the Respondent source, sponsorship, affiliation, or endorsement of its websites in the sense of Policy, paragraph 4(b)(iv).

in bad faith within paragraph 4(a)(iii) of the Policy. The Panel holds that by registering and
using the disputed domain name, the Respondent intentionally attempted to attract, for commercial gain,

The Panel finds that the Respondent’s registration and use of the disputed domain name constitutes bad faith under the Policy. Thus, the third element of the Policy has been established.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <rewardszyn.com> be transferred to the Complainant

/Daniel Peña/ Daniel Peña Sole Panelist Date: October 6, 2025