DECISION
True Leaf LLC d/b/a True Leaf Market v. Liudmyla Veselovska
Claim Number: FA2604002215971
PARTIES
Complainant is True Leaf LLC d/b/a True Leaf Market ("Complainant"), represented by Joshua S. Rupp of Kirton McConkie, Utah, USA. Respondent is Liudmyla Veselovska ("Respondent"), Ukraine.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <kitazawaseedcompany.com>, registered with NameCheap, Inc.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on April 15, 2026. Forum received payment on April 15, 2026.
On April 16, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <kitazawaseedcompany.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 April 22, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 12, 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@kitazawaseedcompany.com. Also on April 22, 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 May 13, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury 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
Established in 1974, Complainant has become an industry leader in the garden and seed market. In addition to direct sales through its website at "www.trueleafmarket.com" as well as other online and traditional brick and mortar retail establishments, Complainant derives revenue from direct sales on Amazon as well as through commissions earned in connection with affiliated advertising on Amazon.
Starting in 1917, the Kitazawa Seed Company, Inc. and/or the Kitazawa Seed Company LLC and/or their predecessors-in-interest was/were the leading supplier(s) of Asian herb, vegetable, and flower seeds (excepting a brief period of inactivity during World War II). Via assignment executed on December 30, 2021 (recorded with the USPTO on February 14, 2022), Complainant acquired all of the Kitazawa Seed Company, Inc.'s and/or the Kitazawa Seed Company LLC's and/or their predecessors-in-interest's rights in and to the KITAZAWA SEED COMPANY mark, including U.S. TM Reg. No. 4,562,865 as well as all common law rights therein. Today, Complainant is the exclusive provider of Kitazawa Seed Company seeds throughout the United States and the world under the acquired KITAZAWA SEED COMPANY mark (as well as illustrative logos, slogans, and/or images), possessing rights dating back to at least July 1, 2000, over two and a half decades (if not since 1917).
Complainant owns the federally registered KITAZAWA SEED COMPANY mark and the TRUE LEAF MARKET marks and logos, in which Complainant also has common law rights.
Respondent's <kitazawaseedcompany.com> domain name is identical or confusingly similar to Complainant's KITAZAWA SEED COMPANY mark.
Respondent has no rights or legitimate interests in respect of the <kitazawaseedcompany.com> domain name. Complainant has not authorized Respondent to use the KITAZAWA SEED COMPANY mark, or any variations thereof, in any way. No evidence suggests that Respondent is commonly known by the domain name or at least was not known by the domain name at the time the domain name was created, registered, and adopted and use of the same commenced.
The <kitazawaseedcompany.com> domain name has been registered and is being held and used in bad faith. Complainant's KITAZAWA SEED COMPANY mark was registered with the USPTO on July 8, 2014 and used as early as 2000 (if not 1917). The mark is exclusively associated with Complainant. When a unique mark is used in a domain name many years after being used and registered as a trademark, it is "wholly implausible that Respondent created the disputed domain name independently," and therefore the domain name has been registered in bad faith. Leidos, Inc. v. Matt Johnston/Midlab, FA 2050010 (Forum July 17, 2023).
Respondent is using the domain name to direct Internet users to Respondent's website where products and services in direct competition with Complainant's products and services are offered, which in turn causes confusion and otherwise disrupts Complainant's business; and to skim affiliate advertising commissions and otherwise deceive, mislead, and confuse Complainant's customers and consumers on Amazon.
Respondent's bad faith is particularly manifest in Respondent's blatant copying and use of Complainant's identical designs, logos, slogans, images and the like, including Complainant's identical TRUE LEAF MARKET marks and True Leaf Market logo marks (as well as artwork and product packaging trade dress), on Respondent's website and Amazon profile, further attempting to trade on Complainant's reputation and mislead, deceive and confuse Complainant's customers and consumers.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
Complainant has established all the elements entitling it to relief.
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").
Identical and/or Confusingly Similar
Complainant, True Leaf LLC d/b/a True Leaf Market, has shown that it has rights in the mark KITAZAWA SEED COMPANY, namely USPTO Registration No. 4,562,865, registered on July 8, 2014 for "Agricultural seeds; agricultural seeds, namely, Asian vegetable seeds; herb seeds for planting; seeds for agricultural purposes; vegetable seeds for planting", in International Class 31. Complainant has also shown that it has rights in the mark TRUE LEAF MARKET, namely USPTO Registration No. 6,192,817, registered on November 10, 2020 for inter alia "Online retail store services featuring a wide variety of consumer goods of others", in International Class 35.
The Panel finds Respondent's <kitazawaseedcompany.com> domain name to be identical to Complainant's KITAZAWA SEED COMPANY mark. The inconsequential ".com" generic top-level domain ("gTLD") may be ignored under this element. See Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).
Complainant has established this element.
Rights or Legitimate Interests
Paragraph 4(c) of the Policy provides that any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Respondent's rights or legitimate interests to a domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <kitazawaseedcompany.com> domain name was registered on September 2, 2025, many years after the registration of Complainant's KITAZAWA SEED COMPANY mark. It resolves to a website with the look and feel of Complainant's website, prominently displaying Complainant's KITAZAWA SEED COMPANY mark, stating "Your Source for Asian Vegetable Seeds for over 100 Years", and offering "Best Sellers from Kitazawa Seed Company". The website features images of Complainant's products. Respondent's Amazon profile explicitly and specifically suggests that Respondent's products available through Amazon are "Sold by True Leaf Market and Fulfilled by Amazon" and/or "Ship[ped] from and sold by True Leaf Market".
These circumstances, together with Complainant's assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <kitazawaseedcompany.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (Forum July 17, 2019). Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith" and Paragraph 4(b) sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii), including:
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant, its KITAZAWA SEED COMPANY mark and its "www.trueleafmarket.com" website when Respondent registered the <kitazawaseedcompany.com> domain name and that Respondent registered the domain name primarily for the purpose of disrupting the business of a competitor by seeking commissions from Amazon intended for Complainant. This demonstrates registration and use in bad faith under Policy ¶ 4(b)(iii).
Further, Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's website, by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's website and of the products promoted on that website. This demonstrates registration and use in bad faith under Policy ¶ 4(b)(iv).
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <kitazawaseedcompany.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: May 14, 2026
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