Florists' Transworld Delivery, Inc. v. Denson Hudgens
Claim Number: FA0201000104123
Complainant is Florists' Transworld Delivery, Inc., Downers Grove, IL (“Complainant”) represented by Scott J. Major, of Millen, White, Zelano & Branigan, P.C. Respondent is Denson Hudgens, Cambridge, MA (“Respondent”).
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ftdshop.com>, registered with Network Solutions, Inc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding.
John J. Upchurch as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on January 28, 2002; the Forum received a hard copy of the Complaint on January 29, 2002.
On February 1, 2002, Network Solutions, Inc. confirmed by e-mail to the Forum that the domain name <ftdshop.com> is registered with Network Solutions, Inc. and that Respondent is the current registrant of the name. Network Solutions, Inc. has verified that Respondent is bound by the Network Solutions, Inc. 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 February 1, 2002, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of February 21, 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 email@example.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.
On March 4, 2002, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed John J. Upchurch as Panelist.
Having reviewed the communications records, the Administrative Panel (the “Panel”) finds that the 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.” Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent.
Complainant requests that the domain name be transferred from the Respondent to the Complainant.
Respondent’s <ftdshop.com> domain name is confusingly similar to Complainant’s FTD trademark.
Respondent does not have rights or legitiamte interests in <ftdshop.com>.
Respondent registered and used the <ftdshop.com> domain name in bad faith.
No Response was submitted.
Complainant has registered its FTD mark in several countries in relation to its wide range of products and services including bowls, baskets, floral arrangements, clothing, telecommunications services, and mail order services featuring floral products. Complainant registered FTD (Reg. No. 1,576,429) with the United States Patent and Trademark Office on January 9, 1990.
Additionally, Complainant has been using the FTD mark in relation to its floral goods and services since 1910. During the three most recent fiscal years, Complainant and its subsidiary, FTD.com, have spent in excess of $100 million in marketing and promoting the FTD mark and the goods and services offered through it. Due to the extensive marketing and advertising of Complainant, FTD has developed into one of the world’s most powerful commercial symbols. Moreover, Complainant has approximately 14,000 retail florists in North America, and participates in an international floral delivery network of 42,000 florists in 150 countries. The FTD mark is primarily responsible for Complainant’s overall goodwill estimated at $65 million.
Respondent registered the disputed domain name on December 1, 1999, well after Complainant registered and began using the FTD mark. Respondent’s website appears to advertise a mail-order bride service.
Paragraph 15(a) of the Rules instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
In view of Respondent's failure to submit a Response, the Panel shall decide this administrative proceeding on the basis of the Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules.
Paragraph 4(a) of the Policy requires that the 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 the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(2) the 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.
Identical and/or Confusingly Similar
Complainant has rights to FTD through continuous use as well as its federal registration of the mark.
The Panel finds that Policy ¶ 4(a)(i) has been satisfied.
Rights or Legitimate Interests
The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.
Registration and Use in Bad Faith
The Panel finds that Policy ¶ 4(a)(iii) has been satisfied.
Having established all three elements required under the ICANN policy, the Panel concludes that the requested relief shall be hereby granted.
Accordingly, it is Ordered that the domain name <ftdshop.com> be transferred from Respondent to Complainant.
John J. Upchurch, Panelist
Dated: March 6, 2002
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page