Aussiechillerusa.com

The timeline behind aussiechillerusa.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

NATIONAL ARBITRATION FORUM DECISION Chaylor-Fenneli Pty Ltd v. Lori Marohni / Golf Southwest Inc Claim Number: FA2602002207770 PARTIES Complainant is Chaylor-Fenneli Pty Ltd ("Complainant"), represented by Marc Levy of Stone Levy LLC, Colorado, USA. Respondent is Lori Marohni / Golf Southwest Inc ("Respondent"), California, USA. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <aussiechillerusa.com> ("Domain Name"), registered with Domain.com - Network Solutions, LLC. 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. Nicholas J.T. Smith as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on February 27, 2026; Forum received payment on February 27, 2026. On March 2, 2026, Domain.com - Network Solutions, LLC confirmed by e-mail to Forum that the <aussiechillerusa.com> domain name is registered with Domain.com - Network Solutions, LLC and that Respondent is the current registrant of the name. Domain.com - Network Solutions, LLC has verified that Respondent is bound by the Domain.com - Network Solutions, LLC 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 March 5, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 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@aussiechillerusa.com. Also on March 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 March 26, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Nicholas J.T. Smith 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 Since 1989 (and 1998 in the United States), Complainant has offered a variety of distinctive hats under the AUSSIE CHILLER mark. Complainant has rights in the AUSSIE CHILLER mark through its registration of the mark with the United States Patent and Trademark Office ("USPTO") (e.g., Reg. No. 8,055,841, registered on December 9, 2025). Respondent's <aussiechillerusa.com> domain name is identical or confusingly similar to Complainant's AUSSIE CHILLER mark as it incorporates the mark while adding the geographic term "usa" and the ".com" generic top-level domain ("gTLD"). Respondent lacks rights and legitimate interests in the <aussiechillerusa.com> domain name. Respondent is not commonly known by the Domain Name. Rather from 2019 to 2023 the Respondent, Golf Southwest Inc, at the time a partnership between Ms. Lori Marohnic and Mr. David Carapel, had been the exclusive distributor of the Complainant's products in the United States. This relationship concluded in June 2023. At that time the Domain Name was registered to Lori Marohni, likely a misspelling of Lori Marohnic. Following the termination of the distribution agreement the following occurred: - The Domain Name was used for a website ("Respondent's Website") where Respondent passes off as Complainant by reproducing Complainant's AUSSIE CHILLER mark and makes reference to the Complainant (including stating it is "From the Land Down Under We Bring You the Coolest Hat in the World" and stating that the website is by "Aussie Chillers") for the purpose of offering counterfeit products. The Complainant has conducted a test purchase of the products offered from the Respondent's Website and has confirmed that they are counterfeit. - Following the receipt of various cease and desist letters, Lori Marohnic has confirmed repeatedly that the partnership between herself and David Carpel has terminated, that she has no ownership or connection to the Domain Name and David Carpel is the sole owner of Golf Southwest Inc. - On or around February 11, 2026 ownership details of the named registrant were updated, stating that Golf Southwest Inc was the registrant of the Domain Name, and updating the address and phone number to addresses and phone numbers associated with David Carpel. The Respondent does not have any license or authorization from it to use its AUSSIE CHILLER mark in the Domain Name. Respondent does not use the Domain Name for any bona fide offering of goods or services, nor a legitimate noncommercial or fair use as Respondent is using the Respondent's Website to pass itself off as Complainant. Respondent registered and uses the <aussiechillerusa.com> domain name in bad faith. Respondent uses the confusingly similar nature of the Domain Name to disrupt Complainant's business by impersonating Complainant. Furthermore, Respondent acquired the Domain Name with actual knowledge of Complainant's rights in the AUSSIE CHILLER mark as a former distributor of the Complainant who uses the Domain Name to pass off as the Complainant and sell counterfeit products. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS Complainant holds trademark rights for the AUSSIE CHILLER mark. The Domain Name is confusingly similar to Complainant's AUSSIE CHILLER mark. Complainant has established that Respondent lacks rights or legitimate interests in the Domain Name and that Respondent registered and has used the Domain Name in bad faith. 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"). This is particularly relevant in the present case where, noting the absence of a Response, the Panel has accepted the reasonable allegations surrounding the transfer of the Domain Name to Golf Southwest in 2026 and the absence of any connection between Lori Marohnic and the Domain Name. Identical and/or Confusingly Similar Complainant has rights in the AUSSIE CHILLER mark under Policy ¶ 4(a)(i) through its registration of the mark with the USPTO (e.g., Reg. No. 8,055,841, registered on December 9, 2025). Registration with the USPTO can sufficiently establish rights in a mark under Policy ¶ 4(a)(i). See Thermo Electron Corp. v. Xu, FA 713851 (Forum July 12, 2006) (finding that the complainants had established rights in marks where the marks were registered with a national trademark authority). The Panel finds that the Domain Name <aussiechillerusa.com> is confusingly similar to the AUSSIE CHILLER mark as it incorporates the entire AUSSIE CHILLER mark while adding the geographic term/abbreviation "usa" and the ".com" gTLD. Domain names which incorporate an entire mark are usually considered confusingly similar, while adding a descriptive term, such as a geographic term, and a gTLD is generally insufficient to create a distinction between a complainant's mark and a disputed domain name under Policy ¶ 4(a)(i). See Dell Inc. v. SNAB Corporation, FA 1785051 (Forum May 30, 2018) (finding the inclusion of a geographic term did not distinguish the domain name and increased possible confusion, as "[t]he geographic term "hyderabad" is also suggestive of Complainant as Complainant has corporate offices in Hyderabad, India."); see also 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 Trip Network Inc. v. Alviera, FA 914943 (Forum Mar. 27, 2007) (finding top-level domains are irrelevant for purposes of Policy ¶ 4(a)(i) analysis). The Panel finds Complainant has satisfied Policy ¶ 4(a)(i). Rights or Legitimate Interests Complainant alleges that Respondent holds no rights or legitimate interests in the Domain Name. In order for Complainant to succeed under this element, it must first make a prima facie case that Respondent lacks rights and legitimate interests in the Domain Name under Policy ¶ 4(a)(ii), and then the burden shifts to Respondent to show it does have rights or legitimate interests. See Hanna-Barbera Prods., Inc. v. Entm't Commentaries, FA 741828 (Forum Aug. 18, 2006) and AOL LLC v. Gerberg, FA 780200 (Forum Sept. 25, 2006) ("Complainant must first make a prima facie showing that Respondent does not have rights or legitimate interest in the subject domain names, which burden is light. If Complainant satisfies its burden, then the burden shifts to Respondent to show that it does have rights or legitimate interests in the subject domain names."). The Panel holds that Complainant has made out a prima facie case. Complainant asserts that Respondent has no rights or legitimate interests in the Domain Name as Respondent is not commonly known by the Domain Name, nor has Complainant authorized Respondent to use the AUSSIE CHILLER mark. At no point since 2023 (prior to the present Respondent's acquisition of the Domain Name) has Respondent had any relationship, affiliation, connection, endorsement or association with Complainant. WHOIS information can help support a finding that a respondent is not commonly known by the disputed domain name, especially where a privacy service has been engaged. 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)); see also Kohler Co. v. Privacy Service, FA 1621573 (Forum July 2, 2015) (holding that the respondent was not commonly known by the disputed domain name pursuant to Policy ¶ 4(c)(ii) where "Privacy Service" was listed as the registrant of the disputed domain name). The WHOIS information of record lists "Lori Marohni / Golf Southwest Inc" as the registrant of record. Coupled with Complainant's unrebutted assertions as to absence of any affiliation or authorization between the parties, the Panel finds that Respondent is not commonly known by the Domain Name in accordance with Policy ¶ 4(c)(ii). The Domain Name resolves to the Respondent's Website which, through the reproduction of the AUSSIE CHILLER mark and various references to the Complainant, passes itself off as an official website of the Complainant for the purpose of selling counterfeit hats in direct competition with Complainant's products. The use of a confusingly similar domain name to resolve to a webpage that offers counterfeit versions of a complainant's goods does not constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use; indeed it provides a false impression that the Respondent is affiliated with or authorized by Complainant. See BALENCIAGA SA v. ling lin, FA 1768542 (Forum Feb. 16, 2018) ("The disputed domain names incorporate Complainant's registered mark, and are being used for websites that prominently display Complainant's mark and logo, along with apparent images of Complainant's products, offering them for sale at discounted prices. The sites do not disclaim any connection with Complainant, and in fact seem to be designed to create an appearance of such a connection. Such use does not give rise to rights or legitimate interests."). See also Am. Int'l Group, Inc. v. Busby, FA 156251 (Forum May 30, 2003) (finding that the respondent attempts to pass itself off as the complainant online, which is blatant unauthorized use of the complainant's mark and is evidence that the respondent has no rights or legitimate interests in the disputed domain name). The Panel finds Complainant has satisfied Policy ¶ 4(a)(ii). Registration and Use in Bad Faith In the absence of a Response and based on the uncontested evidence in the Complaint the Panel finds it likely that there was a transfer of the Domain Name on or around February 11, 2026. Notwithstanding the continued presence of Lori Marohni (sic) as a named registrant, in the absence of any evidence to the contrary, the Panel is satisfied by the various e-mails from Lori Marohnic annexed to the Complaint as well as the change in contact details to addresses associated with David Carapel, that the reference to Lori Marohni in the registration details is an error and the Domain Name was, on or around February 11, 2026, transferred to the ownership of Golf Southwest Inc, which is wholly under the control of David Carapel. As such the Panel finds on the balance of probabilities that, at the time the Respondent acquired the Domain Name (February 11, 2026), Respondent had actual knowledge of Complainant's AUSSIE CHILLER mark since the Respondent was a former distributor of the Complainant, and the Respondent's Website passes itself off as an official website of the Complainant including reproducing the Complainant's AUSSIE CHILLER mark and makes other references to the Complainant. Furthermore, there is no obvious explanation, nor has one been provided, for an entity to acquire a domain name that contains the AUSSIE CHILLER mark and use it to redirect visitors to a website selling counterfeit products in direct competition with the Complainant under the AUSSIE CHILLER mark other than to take advantage of Complainant's reputation in the AUSSIE CHILLER mark. In the absence of rights or legitimate interests of its own this demonstrates registration in bad faith under Policy ¶ 4(a)(iii). The Panel finds that Respondent registered and uses the Domain Name in bad faith to create confusion with Complainant's AUSSIE CHILLER mark for commercial gain by using the confusingly similar Domain Name to resolve to a website that passes off as an official website of the Complainant and offers counterfeit AUSSIE CHILLER products in direct competition with the Complainant's products. Using a confusingly similar domain name to trade upon the goodwill of a complainant can evince bad faith under Policy ¶ 4(b)(iv). See Xylem Inc. and Xylem IP Holdings LLC v. YinSi BaoHu YiKaiQi, FA 1612750 (Forum May 13, 2015) ("The Panel agrees that Respondent's use of the website to display products similar to Complainant's, imputes intent to attract Internet users for commercial gain, and finds bad faith per Policy ¶ 4(b)(iv)."). See also See Bittrex, Inc. v. Wuxi Yilian LLC, FA 1760517 (Forum Dec. 27, 2017) (finding bad faith per Policy ¶ 4(b)(iv) where "Respondent registered and uses the <lbittrex.com> domain name in bad faith by directing Internet users to a website that mimics Complainant's own website in order to confuse users into believing that Respondent is Complainant or is otherwise affiliated or associated with Complainant."). The Panel finds Complainant has satisfied 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 <aussiechillerusa.com> domain name be TRANSFERRED from Respondent to Complainant. Nicholas J.T. Smith, Panelist Dated: March 27, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.