WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
1-800-F, Inc, Fresh Intellectual Properties, Inc., Fannie�May�Confections,�Inc., v. G Design
Case No.�D2006-0977
1. The Parties
The Complainant is 1-800-F, Inc, Fresh Intellectual Properties, Inc., and Fannie May Confections, Inc., New�York, United�States�of�America, represented by Kilpatrick�Stockton,�LLP, United�States�of�America.
The Respondent is G Design, Taiyuan, Shanxi, China.
2. The Domain Names and Registrar
The disputed domain names , , , , and are registered with Go Daddy Software.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the�“Center”) on August�2,�2006. On August�3,�2006, the Center transmitted by email to Go Daddy Software a request for registrar verification in connection with the domain names at issue. On August�5,�2006, Go Daddy Software transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the�“Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the�“Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the�“Supplemental�Rules”).
In accordance with the Rules, paragraphs�2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August�16,�2006. In accordance with the Rules, paragraph�5(a), the due date for Response was September�5,�2006. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September�6,�2006.
The Center appointed Anna�Carabelli as the Sole Panelist in this matter on September�18,�2006, indicating that absent exceptional circumstances the decision would be due by October�2,�2006. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph�7.
Upon reviewing the Complaint and the Exhibits attached thereto, the Panel issued Procedural Order No.�1, which was notified to the parties on September�28,�2006, requesting the Complainant to submit by October�5,�2006, certain assignment documents which although indicated as included in Exhibit C were not actually attached to the Complaint and additional information and documentary evidence to establish the relation between the Complainant and some of the marks attached to the Complaint as Exhibit C. The Panel also postponed the deadline for decision until October�13,�2006. On October�5,�2006, the Complainant submitted a Response to the Panel Procedural Order No.�1, including the requested information/documentation.
4. Factual Background
The Complainant has provided evidence of U.S. Patent and Trademark Office registrations and actual ownership by direct registration, transfer and assignment, as it is applicable, of the following marks (Exhibits D and C, as integrated by the Complainant’s response to Panel Procedural Order No.1):
1) “800 FLOWERS MARKS”:
T.M./S.M.
Reg. No.�
Issuance Date
1-800-FLOWERS
1,009,717
April�29,�1975
800-FLOWERS
1,398,787
June�24,�1986
CALL-1-800-FLOWERS
1,761,641
March�30,�1993
1-800- FLOWERS & DESIGN
2,014,298
November�5,�1996
1-800- FLOWERS.COM
2,434,592
March�13,�2001
2) “FANNIE MAY MARKS”:
T.M./S.M.
Reg. No.
Issuance Date
FANNIE MAY KITCHEN FRESH CANDIES
1,407,863
September�2,�1986
I LOVE MY HONEY BUT OH YOU FANNIE MAY!
1,468,535
December�8,�1987
FANNIE MAY
2,121,790
December�16,�1997
FANNY MAY CANDIES CELEBRATED COLLECTION
2,173,898
July�14,�1998
The Complainant operates the websites under the domain names and , which are both registered in the name of the Complainant 1-800-Flowers.Com.Inc.
The Complainant’s website under “www.” confirm that the complaining companies are related corporations, which have sufficient interest in the Domain Names for them to be joined in this action (Adidas International Marketing BV and adidas-Salomon AG v. Sonia Eguia, WIPO Case No.�D2006-0475, Staples, Inc., Staples The Office Superstore, Inc., Staples Contract & Commercial, Inc. v. John Morgan, WIPO Case No.�D2004-0537).
The Respondent registered the Domain Names on the following dates:
, January�18,�2005;
, September�30,�2001;
, December�21,�2004;
, February�1,�2005;
, February�1,�2005.
The Respondent has been using the Domain Names in connection with redirecting websites which in some cases offer links to other websites belonging to the Complainant’s direct competitors’ (Complaint’s Exhibits G, H, L, M, I) and to sites that may suggest some kind of association between the Respondent’s sites and the Complainant (Complaint’s Exhibits N, O, P).
The Respondent has registered and is the holder of about
