Longhua USA Inc., d/b/a
iFLOOR v. Riverwoods Flooring
Claim Number: FA0905001263092
PARTIES
Complainant is Longhua USA Inc., d/b/a iFLOOR (“Complainant”), represented by Matthew
M. Thomson, of Kronenberger Burgoyne, LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ifloorusa.com>, registered with Godaddy.com,
Inc.
PANEL
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.
James A. Carmody, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on May 14, 2009; the
National Arbitration Forum received a hard copy of the Complaint on May 18, 2009.
On May 15, 2009, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <ifloorusa.com> domain name is
registered with Godaddy.com, Inc. and
that the Respondent is the current registrant of the name. Godaddy.com,
Inc. has verified that Respondent is bound by the Godaddy.com, 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 May 22, 2009, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of June 11, 2009 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@ifloorusa.com by e-mail.
A timely Response was received and determined to be complete on June 10, 2009.
On June 15, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed James A. Carmody, Esq., as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <ifloorusa.com> domain name is confusingly similar to Complainant’s IFLOOR mark.
2. Respondent does not have any rights or legitimate interests in the <ifloorusa.com> domain name.
3. Respondent registered and used the <ifloorusa.com> domain name in bad faith.
B. Respondent filed a Response consenting to transfer of the domain name at issue to the Complainant.
FINDINGS
Preliminary Issue:
Consent to Transfer
Respondent consents to transfer the <ifloorusa.com> domain name to Complainant in its Response. However, after the initiation of this proceeding, the Registrar, GoDaddy.com, Inc., placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending. The Panel finds that, in a circumstance such as this, it will forego the traditional UDRP analysis and order an immediate transfer of the <ifloorusa.com> domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the
transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
DECISION
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <ifloorusa.com> domain name be TRANSFERRED
from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: June 26, 2009
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