Decisión del Panel Administrativo nº DIR2016-0025 of WIPO Arbitration and Mediation Center, October 14, 2016 (case Garmin International v. Vahid Shirmohamadi)

• Resolution Date: October 14, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Irán (.ir)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Garmin International v. Vahid Shirmohamadi

Case No. DIR2016-0025

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 Vahid Shirmohamadi of Tehran, Islamic Republic of Iran.

2. The Domain Name and Registrar

The disputed domain name [garminco.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 1, 2016. In accordance with the Rules, paragraph 5(a), the due date for Response was September 21, 2016. The Respondent did not submit any Response to the Complaint. On September 22, 2016, the Center notified the Respondent's default.

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 000931428, registered on February 15, 2000. These registrations include the trademark GARMIN alone or combined with the design of a triangle or other words such as "mobile", or "training center". The Complainant has registered its trademark in the United...