national arbitration forum

 

DECISION

 

Thrivent Financial for Lutherans v. Private Registrant / A Happy DreamHost Customer

Claim Number: FA1307001511223

 

PARTIES

Complainant is Thrivent Financial for Lutherans (“Complainant”), represented by William Schultz of Merchant & Gould, P.C., Minnesota, USA.  Respondent is Private Registrant / A Happy DreamHost Customer (“Respondent”), represented by Kelly Abreu, California, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <thriventhealth.com>, registered with New Dream Network, LLC.

 

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.

 

Petter Rindforth as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on July 23, 2013; the National Arbitration Forum received payment on July 23, 2013.

 

On July 30, 2013, New Dream Network, LLC confirmed by e-mail to the National Arbitration Forum that the <thriventhealth.com> domain name is registered with New Dream Network, LLC and that Respondent is the current registrant of the name.  New Dream Network, LLC has verified that Respondent is bound by the New Dream Network, 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 July 30, 2013, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 19, 2013 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@thriventhealth.com.  Also on July 30, 2013, 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.

 

A timely Response was received and determined to be complete on August 19, 2013.

 

On August 29, 2013, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Petter Rindforth as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration 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.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

The Complainant contends that:

1.    Complainant owns the THRIVENT family of trademarks used in the insurance and financial industries relating to products including health insurance, medical insurance, life insurance, financial products, annuities, mutual funds, IRAs, and trust accounts.

2.    Complainant has used the THRIVENT trademark in commerce since 2002.

3.    Complainant owns multiple registrations for the THRIVENT trademark with the United States Patent and Trademark Office (“USPTO”).

4.    Complainant’s official website is located at <thrivent.com>.

5.    Respondent’s  <thriventhealth.com> domain name is confusingly similar to Complainant’s THRIVENT marks, only adding the generic term “health” to Complainant’s registered trademark.

6.    Respondent does not have any rights or legitimate interests in the <thriventhealth.com> domain name, as

a.    Respondent is not making a bona fide offering of goods or services or a legitimate noncommercial or fair use of the disputed domain name.

b.    Respondent’s  <thriventhealth.com> domain name forwards Internet users to a website located at <liquidhealthinc.com>.

c.    Respondent is not commonly known by the disputed domain name.

d.    Complainant has not given Respondent permission to use its registered marks.

7.    Respondent registered and is using the disputed domain name in bad faith, as

a.    Respondent had knowledge of Complainant’s rights in its THRIVENT marks.

b.    Respondent’s <thriventhealth.com> domain name forwards Internet users to another website.

c.    Respondent creates a likelihood of confusion as to the source of the website resolving from the <thriventhealth.com> domain name.

d.    Respondent’s use of the <thriventhealth.com> domain name disrupts Complainant’s business.

 

B. Respondent

1.    Respondent does not dispute the Complainant’s remedy to transfer the <thriventhealth.com> domain name.

2.    Complainant’s business does not appear to be in the health business.

3.    Complainant does not own the trademark for THRIVENT HEALTH.

 

FINDINGS

The Panel finds that the Complainant has established trademark rights in the THRIVENT trademark, covering the following registrations with the United States Patent and Trademark Office (“USPTO”):

 

Reg. No. 2,798,598 THRIVENT, registered December 23, 2003

Reg. No. 2,815,440 THRIVENT, registered February 17, 2004

Reg. No. 2,792,314 THRIVENT FINANCIAL, registered December 9, 2003

Reg. No. 2,792,413 THRIVENT FINANCIAL (fig), registered December 9, 2003

Reg. No. 2,813,735 THRIVENT FINANCIAL (fig), registered February 10, 2004

Reg. No. 2,830,481 THRIVENT FINANCIAL, registered April 6, 2004

Reg. No. 4,224,326 THRIVENT MAGAZINE, registered October 16, 2012

Reg. No. 4,010,037 THRIVENT CHOICE, registered August 9, 2011

Reg. No. 3,250,713 THRIVENT BUILDS (fig), registered June 12, 2007

Reg. No. 2,854,577 THRIVENT FINANCIAL BANK (fig), registered June 15, 2004

Reg. No. 2,882,443 THRIVENT FINANCIAL BANK, registered September 7, 2004

Reg. No. 3,193,489 THRIVENT ASSET MANAGEMENT, registered January 2, 2007

Reg. No. 3,662,081 THRIVENT FINANCIAL FITNESS CLUB, registered July 28, 2009

Reg. No. 2,798,657 THRIVENT FINANCIAL FOR LUTHERANS, registered December 23, 2003

Reg. No. 2,818,060 THRIVENT FINANCIAL FOR LUTHERANS, registered February 24, 2004

Reg. No. 2,821,568 THRIVENT FINANCIAL FOR LUTHERANS, registered March 9, 2004

Reg. No. 2,821,594 THRIVENT FINANCIAL FOR LUTHERANS (fig), registered March 9, 2004

Reg. No. 2,854,576 THRIVENT INVESTMENT MANAGEMENT, registered June 15, 2004

Reg. No. 2,870,176 THRIVENT INVESTMENT MANAGEMENT (fig), registered August 3, 2004

 

(Exhibits 1A – 1J of the Complaint).

 

The Respondent registered <thriventhealth.com> on May 2, 2013.

 

According to Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), “a Panel shall 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 this case, the Respondent has not contested the transfer of the disputed domain name but instead agrees to transfer the domain name in question to Complainant.

 

Therefore, under these special circumstances, the Panel decides to forego the traditional UDRP analysis, not to make any further findings or discussion, and instead order an immediate transfer of the <thriventhealth.com> domain nameSee 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

Giving the special circumstances in this case, the fact that Respondent has consented to the transfer of the disputed domain name, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <thriventhealth.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

Petter Rindforth, Panelist

Dated:  September 2, 2013

 

 

 

 

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