DECISION
Garmin Switzerland GmbH v. Jolly Una
Claim Number: FA2607002235533
PARTIES
Complainant is Garmin Switzerland GmbH ("Complainant"), represented by Sam Korte of Garmin International, Inc., Kansas, USA. Respondent is Jolly Una ("Respondent"), California, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <garmin.it.com>, registered with Spaceship, Inc.
PANEL
The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.
Adam Taylor as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on July 28, 2026; Forum received payment on July 28, 2026.
On July 30, 2026, Spaceship, Inc. confirmed by e-mail to Forum that the <garmin.it.com> domain name is registered with Spaceship, Inc. and that Respondent is the current registrant of the name. Spaceship, Inc. has verified that Respondent is bound by the Spaceship, 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 August 5, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 25, 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@garmin.it.com. Also on August 5, 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 response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.
On August 26, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Adam Taylor 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 response from Respondent.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES' CONTENTIONS
A. Complainant
Complainant contends that it has rights in the GARMIN mark based upon registration of that mark with the United States Patent and Trademark Office ("USPTO"). The disputed domain name is identical to Complainant's mark.
Respondent has no rights or legitimate interests in the disputed domain name. Respondent has not used the disputed domain name in connection with a bona fide offering of goods or services; on the contrary, Respondent has used the disputed domain name to disrupt Complainant's business and divert customers from Complainant's website. Respondent is not commonly known by the disputed domain name. Respondent has not made legitimate noncommercial or fair use of the disputed domain name. Complainant has never authorized Respondent to use Complainant's mark.
Respondent registered and used the disputed domain name in bad faith. Respondent has used the disputed domain name to create a likelihood of confusion with Complainant's mark for commercial gain.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
Complainant has operated a website at www.garmin.com since at least 2000.
The disputed domain name was registered on June 14, 2026.
Respondent has used the disputed domain name for a website that was branded with Complainant's GARMIN logo, and which purported to offer "Garmin" smartwatches for sale.
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 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 3.1 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 provided evidence of registration of the GARMIN mark with the USPTO by a group company. In the circumstances, the Panel thinks it reasonable to infer that Complainant has rights in that trademark for the purpose of standing to file the Complaint. See WIPO Jurisprudential Overview 3.1 at ¶ 1.4.1. Accordingly, the Panel finds that Complainant has rights in the GARMIN mark under Policy ¶ 4(a)(i).
Therefore, the Panel finds that the disputed domain name is identical to Complainant's mark under Policy ¶ 4(a)(i).
Rights or Legitimate Interests
Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii); then the burden shifts to Respondent to show it does have rights or legitimate interests. See Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014) ("Under Policy ¶ 4(a)(ii), Complainant must first make out a prima facie case showing that Respondent lacks rights and legitimate interests in respect of an at-issue domain name and then the burden, in effect, shifts to Respondent to come forward with evidence of its rights or legitimate interests").
Complainant argues that Respondent fails to use the disputed domain name in connection with a bona fide offering of goods or services or for legitimate noncommercial or fair use.
As discussed under the third element below, the Panel considers that Respondent is using the disputed domain name to intentionally attempt to attract, confuse and profit from Internet users seeking Complainant's goods by impersonating Complainant. Such activity is plainly not bona fide. Nor does it qualify as legitimate noncommercial or fair use.
Accordingly, the Panel finds that Respondent does not use the disputed domain name for a bona fide offering of goods or services, or for legitimate noncommercial or fair use, under Policy ¶ 4(c)(i) or (iii).
Complainant further contends that Respondent lacks rights or legitimate interests in the disputed domain name since Respondent is not commonly known by the disputed domain name.
WHOIS information may be used to determine whether a respondent is commonly known by the disputed domain name under Policy ¶ 4(c)(ii). See Braun Corp. v. Loney, FA 699652 (Forum July 7, 2006) (concluding that the respondent was not commonly known by the disputed domain names where the WHOIS information, as well as all other information in the record, gave no indication that the respondent was commonly known by the domain names, and the complainant had not authorized the respondent to register a domain name containing its registered mark).
The WHOIS information for the disputed domain name lists the registrant as "Jolly Una" and there is no other information on the record indicating that Respondent is commonly known by the disputed domain name.
Accordingly, the Panel finds that Respondent is not commonly known by the disputed domain name per Policy ¶ 4(c)(ii).
Therefore, the Panel concludes that Respondent lacks rights or legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii).
Registration and Use in Bad Faith
The Panel considers that Respondent has intentionally attempted to attract Internet users to a website for commercial gain by creating a likelihood of confusion with Complainant's trademark under Policy ¶ 4(b)(iv).
First, the disputed domain name comprises Complainant's distinctive mark.
Second, Respondent has used the disputed domain name for a website that impersonates Complainant, including by prominent use of Complainant's mark/logo, as well as by purporting to offer Complainant's products for sale.
Therefore, the Panel concludes that Respondent has registered, and is using, the disputed domain name in bad faith under Policy ¶ 4(a)(iii).
DECISION
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <garmin.it.com> domain name be TRANSFERRED from Respondent to Complainant.
Adam Taylor, Panelist
Dated: September 3, 2026
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