DECISION
Home Depot Product Authority, LLC v. Serhii Turkot
Claim Number: FA2601002200587
PARTIES
Complainant is Home Depot Product Authority, LLC ("Complainant"), represented by Laura Lamansky of Michael Best & Friedrich LLP, Illinois, USA. Respondent is Serhii Turkot ("Respondent"), Ukraine.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <husky-toolbox.com>, registered with NameCheap, Inc.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on January 20, 2026. Forum received payment on January 20, 2026.
On January 21, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <husky-toolbox.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On January 22, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 11, 2026 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@husky-toolbox.com. Also on January 22, 2026, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts.
Having received no formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.
On February 12, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any formal response from Respondent.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES' CONTENTIONS
A. Complainant
Complainant is the world's largest home improvement specialty retailer and the fifth largest retailer in the United States, with worldwide sales in fiscal year 2024 of $159.5 billion.
Since at least as early as 1924, through its predecessors in interest and licensees, Complainant has used the distinctive and well-known HUSKY word and HUSKY logo marks, the latter featuring a distinctive husky dog head design, in connection with hand tools, tool boxes, tool chests, tool organizers and other home improvement products. Complainant operates the website at "www.huskytools.com".
Respondent's <husky-toolbox.com> domain name is confusingly similar to Complainant's registered HUSKY marks and <huskytools.com> domain name.
Respondent has no rights or legitimate interests in the <husky-toolbox.com> domain name. Respondent is not commonly known as and does not operate a business or other organization under the domain name. Respondent registered and uses the domain name without the knowledge, consent or authorization of Complainant. Respondent uses the domain name to pass itself off as Complainant or as authorized by Complainant while purportedly providing information on toolboxes and tool organizers, just like Complainant does. There are no disclaimers of affiliation on the website. As such, Respondent is using the domain name to confuse and deceive consumers into believing that Respondent is an official site sponsored or endorsed by Complainant. The website includes links to competitive products sold on Amazon, which Respondent admits to receiving advertising revenue. The website is not used in connection with a bona fide offering of goods or services nor a noncommercial fair use. See e.g., Home Depot Product Authority, LLC v. Donna Logan, FA 2146462 (Forum April 21, 2025) and Home Depot Product Authority, LLC v. Vladimir Veselovskiy, FA 2190500 (Forum December 17, 2025).
Respondent obviously registered and uses the well-known <husky-toolbox.com> domain name in bad faith. This is evidenced by the fact that Respondent has used the domain name as the address for a website showing products of the same type offered by Complainant under its HUSKY marks, prominently featuring Complainant's HUSKY marks and product images, and collecting commissions. Respondent's website admits that it is earning money from visitors to the website. This is further evidence of Respondent's bad faith.
B. Respondent
Respondent failed to submit a formal Response in this proceeding. Forum received an email from Respondent on January 23, 2026 stating, in substance:
"I would like to reiterate that I have no intention to harm, mislead, or unfairly compete with the Complainant. My website activity has been limited to informational content and participation in the Amazon Associates affiliate program, and I have not engaged in phishing, data collection, or deceptive practices.
The website does not sell products directly, does not process payments, and does not collect personal user information. Any outbound links simply redirect users to third-party platforms such as Amazon, where transactions, if any, are handled entirely by those platforms under their own terms and policies.
I am willing to cooperate in good faith and to take reasonable steps to address any concerns raised by the Complainant, including modifications to website content, removal of images, or other non-deceptive measures, if appropriate.
I respectfully inquire whether the Parties may explore the possibility of an amicable resolution of this matter."
FINDINGS
Complainant has established all the elements entitling it to relief.
DISCUSSION
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
In view of Respondent's failure to submit a formal response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint").
Identical and/or Confusingly Similar
Complainant has shown that it has rights in the word mark HUSKY, including USPTO Registration No. 5,586,507, registered on October 16, 2018 for "Tools chests of metal sold empty", in International Class 6, and in the logo mark HUSKY, namely USPTO Registration No. 2,669,698, registered on December 31, 2002 for inter alia "Air power tools", in International Class 7.
The Panel finds Respondent's <husky-toolbox.com> domain name to be confusingly similar to Complainant's HUSKY marks, only differing from the text of the marks by the addition of a hyphen and the descriptive word "toolbox", which differences are insufficient to distinguish the domain name from Complainant's marks and instead evoke Complainant's business. The inconsequential ".com" generic top-level domain ("gTLD") may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).
Complainant has established this element.
Rights or Legitimate Interests
Paragraph 4(c) of the Policy provides that any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Respondent's rights or legitimate interests to a domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <husky-toolbox.com> domain name was registered on September 9, 2025, many years after the registration of Complainant's marks. It resolves to a website headed with Complainant's HUSKY logo mark and offering for sale Complainant's HUSKY products, with images and text copied from Complainant's website. The site states:
"© 2026 husky-toolbox.com. This site participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com."
These circumstances, together with Complainant's assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <husky-toolbox.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (Forum July 17, 2019).
Respondent's informal communication to Forum does not deny Complainant's assertions, nor that Respondent's use of the domain name generates commissions from the Amazon Services LLC Associates Program.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith" and Paragraph 4(b) sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii), including:
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant, its HUSKY word and logo marks and its "www.huskytools.com" website when Respondent registered the <husky-toolbox.com> domain name and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's website, by creating a likelihood of confusion with Complainant's marks as to the source, sponsorship, affiliation, or endorsement of Respondent's website and of the products promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <husky-toolbox.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: February 13, 2026
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