DECISION

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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