Westmore · UDRP DecisionWolftechservice.net
The Panel ordered transfer of <wolftechservice.net>. It found the domain confusingly similar to Complainant's WOLF mark, found no rights or legitimate interests because Respondent was unauthorized, not commonly known by the domain, and used it for competing products and services, and found bad-faith registration and use based on commercial attraction through a confusingly similar domain offering competing services.
The timeline behind wolftechservice.net
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The Panel inferred that Respondent had no legitimate use in mind and found that the confusingly similar domain was used to direct Internet users to a commercial site offering competing products and services, establishing bad faith under Policy ¶ 4(b)(iv).
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Wolf Appliance, Inc. v. Yulia Malush / Progressive Appliance Claim Number: FA2601002199475 PARTIES Complainant is Wolf Appliance, Inc. ("Complainant"), represented by Alex Liederman of Foley & Lardner LLP, Wisconsin, USA. Respondent is Yulia Malush / Progressive Appliance ("Respondent"), Ukraine. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <wolftechservice.net>, registered with NameCheap, 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. Richard Hill as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on January 13, 2026; Forum received payment on January 13, 2026. On January 14, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <wolftechservice.net> 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 19, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 9, 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@wolftechservice.net. Also on January 19, 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 February 10, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Richard Hill 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 states that it is a wholly owned subsidiary of Sub-Zero Group, Inc. Complainant is an industry leader in the sale of high-end residential kitchen appliances, including ovens, ranges, cooktops, etc., and related repair and maintenance services that are marketed and sold throughout the United States and the world under various WOLF marks. Complainant asserts rights in the mark WOLF through its registration in the United States in 2003. Complainant alleges that the disputed domain name is confusingly similar to its WOLF mark because it incorporates the mark in its entirety and merely adds the generic/descriptive terms "tech service", together with the ".net" generic top-level domain ("gTLD"). According to Complainant, Respondent has no rights or legitimate interests in the disputed domain name. Respondent is not commonly known by the disputed domain name and Complainant has not authorized or licensed to Respondent any rights in its mark. Respondent does not use the disputed domain name for a bona fide offering of goods or services or a legitimate noncommercial or fair use. Instead, the resolving website offers products and services that compete with those of Complainant. Specifically, the disputed domain name is redirected to <bertazzoniexpertsupport.co>, which purports to be a repair service provider for Bertazzoni appliances using the trade name "Bertazzoni Support and Services." Bertazzoni is a home appliance manufacturer that offers residential kitchen appliances, including ranges, ovens, cooktops, dishwashers and refrigerators, and related repair services. Complainant, and its related and affiliated companies Sub-Zero, Inc. and Sub-Zero Group, Inc., offer these same kinds of kitchen appliances and repair services, making Bertazzoni a direct competitor of Complainant. Further, says Complainant, Respondent registered and uses the disputed domain name in bad faith. Respondent registered the disputed domain name in order to disrupt Complainant's business by offering competing services at the resolving website. Respondent registered the disputed domain name with actual or constructive knowledge of Complainant's rights in its mark. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS Complainant has rights in the mark WOLF and uses it to market high-end residential kitchen appliances, and related repair and maintenance services. Complainant's rights in its mark date back to 2003. Complainant has not licensed or otherwise authorized Respondent to use its mark. The disputed domain name was registered in 2025. The resolving website offers products and services that compete with those of Complainant. 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 3.0 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 The disputed domain name incorporates Complainant's WOLF mark in its entirety and merely adds the generic/descriptive terms "tech service", together with the ".net" generic top-level domain ("gTLD"). Under Policy ¶ 4(a)(i), such changes are generally insufficient in differentiating a disputed domain name from the mark it incorporates. See Bloomberg Finance L.P. v. Nexperian Holding Limited, FA 1782013 (Forum June 4, 2018) ("Where a relevant trademark is recognisable within a disputed domain name, the addition of other terms (whether descriptive, geographical, pejorative, meaningless, or otherwise) does not prevent a finding of confusing similarity under the first element."); see also Vanguard Group Inc. v. Proven Fin. Solutions, FA 572937 (Forum Nov. 18, 2005) (holding that the addition of both the word "advisors" and the gTLD ".com" did not sufficiently alter the disputed domain name to negate a finding of confusing similarity under Policy ¶ 4(a)(i)); see also Home Depot Product Authority, LLC v. Angelo Kioussis, FA 1784554 (Forum June 4, 2018) ("The domain name contains the mark in its entirety, with only the addition of the generic letters 'sb' and the digits '2018,' plus the generic Top Level Domain ("gTLD") '.com.' These alterations of the mark, made in forming the domain name, do not save it from the realm of confusing similarity under the standards of the Policy."). Therefore, the Panel finds that the disputed domain name is confusingly similar to Complainant's mark under Policy ¶ 4(a)(i). Rights or Legitimate Interests Respondent is not licensed or otherwise authorized to use Complainant's mark and is not commonly known by the disputed domain name: under Policy ¶ 4(c)(ii), WHOIS information may be used to determine whether a respondent is commonly known by the disputed domain name. See State Farm Mutual Automobile Insurance Company v. Dale Anderson, FA 1613011 (Forum May 21, 2015) (concluding that because the WHOIS record lists "Dale Anderson" as the registrant of the disputed domain name, the respondent was not commonly known by the <statefarmforum.com> domain name pursuant to Policy ¶ 4(c)(ii)). Here, the WHOIS information for the disputed domain name lists the registrant as "Yulia Malush / Progressive Appliance". Thus the Panel finds that Respondent is not commonly known by the disputed domain name pursuant to Policy ¶ 4(c)(ii). The resolving website offers products and services that compete with those of Complainant. Past panels have declined to find a bona fide offering of goods or services or a legitimate noncommercial or fair use of a domain name when a respondent diverts traffic to a site that offers goods or services that are in competition with those of a complainant. See General Motors LLC v. MIKE LEE, FA 1659965 (Forum Mar. 10, 2016) (finding that "use of a domain to sell products and/or services that compete directly with a complainant's business does not constitute a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii)."). Therefore the Panel finds that Respondent fails to use the disputed domain name to make a bona fide offering of goods or services, or a legitimate noncommercial or fair use under Policy ¶¶ 4(c)(i) or (iii). And the Panel finds that Respondent does not have rights or legitimate interests in the disputed domain name. Registration and Use in Bad Faith Respondent (who did not reply to Complainant's contentions) has not presented any plausible explanation for its use of Complainant's mark. In accordance with paragraph 14(b) of the Rules, the Panel shall draw such inferences from Respondent's failure to reply as it considers appropriate. Accordingly, the Panel finds that Respondent did not have a legitimate use in mind when registering the disputed domain name. Indeed, as already noted, the resolving website offers products and services that compete with those of Complainant. A respondent's use of a disputed domain name to drive Internet users to a commercial site offering goods or services that compete with those of a complainant may indicate bad faith attraction for commercial gain per Policy ¶ 4(b)(iv). See Citadel LLC and its related entity, KCG IP Holdings, LLC v. Joel Lespinasse / Radius Group, FA 1579141 (Forum Oct. 15, 2014) ("Here, the Panel finds evidence of Policy ¶ 4(b)(iv) bad faith as Respondent has used the confusingly similar domain name to promote its own financial management and consulting services in competition with Complainant."); see also OneWest Bank N.A. v. Matthew Foglia, FA 1611449 (Forum Apr. 26, 2015) (holding that the respondent's use of the disputed domain name to direct Internet users to a website which competed with the complainant was evidence of bad faith pursuant to Policy ¶ 4(b)(iv)). Thus the Panel finds bad faith registration and use under Policy ¶ 4(b)(iv). 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 <wolftechservice.net> domain name be TRANSFERRED from Respondent to Complainant. Richard Hill, Panelist Dated: February 10, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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