Florists' Transworld Delivery v. Domain
Deluxe
Claim Number: FA0112000102751
PARTIES
Complainant
is Florists' Transworld Delivery, Inc.,
Downers Grove, IL (“Complainant”) represented by Scott J. Major, of Millen,
White, Zelano & Branigan, P.C.
Respondent is Domain Deluxe,
Central (“Respondent”) represented by Ari
Goldberger, of ESQwire.com Law Firm.
REGISTRAR AND DISPUTED DOMAIN NAME
The
domain name at issue is <ftds.com>,
registered with IARegistry.com.
PANEL
The
undersigned certify that they have acted independently and impartially and to
the best of their knowledge have no known conflict in serving as Panelists in
this proceeding.
Panelists
are Jeffrey M. Samuels, Esq. and R. Glen Ayers, Esq.; and Judge Karl V. Fink
(Retired), Chair.
PROCEDURAL HISTORY
Complainant
submitted a Complaint to the National Arbitration Forum (the “Forum”)
electronically on December 7, 2001; the Forum received a hard copy of the
Complaint on December 7, 2001.
On
December 13, 2001, IARegistry.com confirmed by e-mail to the Forum that the
domain name <ftds.com> is
registered with IARegistry.com and that Respondent is the current registrant of
the name. IARegistry.com has verified
that Respondent is bound by the IARegistry.com registration agreement and has
thereby agreed to resolve domain-name disputes brought by third parties in
accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the
“Policy”).
On
December 14, 2001, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”), setting a deadline
of January 3, 2002 by which Respondent could file a Response to the Complaint,
was transmitted to Respondent via e-mail, post and fax, to all entities and
persons listed on Respondent’s registration as technical, administrative and
billing contacts, and to postmaster@ftds.com by e-mail.
Having
received no Response from Respondent, using the same contact details and
methods as were used for the Commencement Notification, the Forum transmitted
to the parties a Notification of Respondent Default.
Thereafter,
Respondent did make a written statement in response to the Complaint which was
received February 5, 2002. Complainant
made an additional submission entitled Complainant’s Response to Additional
Statement of Respondent which was received February 11, 2002. Respondent submitted an additional
submission entitled Petition to Panel to Consider Additional Statement and
Additional Statement which was received February 12, 2002 and Complainant
submitted a response entitled Complainant’s Response to Respondent’s Petition
which was received February 12, 2002.
Additionally
the Panel received copies of e-mails from Complainant, Respondent, the National
Arbitration Forum Case Coordinator and Domain Deluxe.
All
of the submissions received including the e-mails were considered by the Panel.
On
February 15, 2002, pursuant to Complainant’s request to have the dispute
decided by a three-member Panel, the Forum appointed Jeffrey M. Samuels, Esq.,
R. Glen Ayers, Esq. and Judge Karl V. Fink (Ret.) as Panelists.
RELIEF SOUGHT
Complainant
requests that the domain name be transferred from Respondent to Complainant.
FINDINGS
The
parties agree and the Panel finds that the domain name in question was
registered to Respondent at the time the Complaint was filed. Thereafter, Respondent transferred the
disputed domain name to Complainant which is confirmed by e-mail dated January
16, 2002 from the registrar, Domain Deluxe, in which it is stated that the name
has been transferred to Complainant.
The
Panel is not able to impose sanctions as request by Complainant.
DECISION
Since the domain name <ftds.com> has already been
transferred to Complainant which is the relief requested, the case is dismissed.
_
Jeffrey
M. Samuels, Esq., Panelist
R.
Glen Ayers, Esq., Panelist
Judge
Karl V. Fink (Retired),Chair
Dated: March 1, 2002
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