Decisión del Panel Administrativo nº DIR2016-0027 of WIPO Arbitration and Mediation Center, October 14, 2016 (case Garmin International v. Mohammad Ali Khodaie)

Resolution DateOctober 14, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioIrán (.ir)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Garmin International v. Mohammad Ali Khodaie

Case No. DIR2016-0027

1. The Parties

The Complainant is Garmin International of Olathe, Kansas, United States of America ("United States" or "US"), represented by Hovey Williams LLP, United States.

The Respondent is Mohammad Ali Khodaie of Tehran, Islamic Republic of Iran.

2. The Domain Name and Registrar

The disputed domain name [garmin-co.ir] is registered with IRNIC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on August 19, 2016. On August 24, 2016, the Center transmitted by email to IRNIC a request for registrar verification in connection with the disputed domain name. On August 28, 2016, IRNIC transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. Hard copies of the Complaint were received by the Center on August 24, 2016.

The Center verified that the Complaint satisfied the formal requirements of the .ir Domain Name Dispute Resolution Policy (the "Policy" or "irDRP"), the Rules for .ir Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for .ir Domain Name Dispute Resolution Policy (the "Supplemental Rules").

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on September 2, 2016. In accordance with the Rules, paragraph 5(a), the due date for Response was September 22, 2016. On September 26, 2016, the Respondent sent an email communication to the Center requesting an extension to file a response. On the same date, the Center replied informing the Respondent that the response due date had passed and that any submission of a late response would be transmitted to the Panel upon appointment. No further communications were received from the Respondent.

The Center appointed Nayiri Boghossian as the sole panelist in this matter on October 4, 2016. 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 owns a number of trademark registrations for the trademark GARMIN, including European Union trademark number...

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