The Body Shop International plc v. Agri, Lacus, and Caelum LLC
Claim Number: FA0604000679564
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <bodyshopinternational.com>, registered with Name.com LLC.
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.
Louis E. Condon as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on April 14, 2006; the National Arbitration Forum received a hard copy of the Complaint on April 17, 2006.
On April 19, 2006, Name.com LLC confirmed by e-mail to the National Arbitration Forum that the <bodyshopinternational.com> domain name is registered with Name.com LLC and that Respondent is the current registrant of the name. Name.com LLC has verified that Respondent is bound by the Name.com LLC 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 April 20, 2006, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of May 10, 2006 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@bodyshopinternational.com by e-mail.
On May 16, 2006, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Louis E. Condon as Panelist.
A late Response was received on May 23, 2006. On May 23, 2006, Respondent’s late Response was sent to the Panel.
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." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <bodyshopinternational.com> domain name is confusingly similar to Complainant’s THE BODY SHOP mark.
2. Respondent does not have any rights or legitimate interests in the <bodyshopinternational.com> domain name.
3. Respondent registered and used the <bodyshopinternational.com> domain name in bad faith.
B. Respondent submitted a late Response in this proceeding and stipulated to transfer the <bodyshopinternational.com> domain name registration to Complainant.
Complainant, The Body Shop International plc, has continuously used the THE BODY SHOP mark in connection with its personal care, home and accessory products since 1976. Complainant operates more than 2,000 THE BODY SHOP retail stores in fifty-three countries around the world, including more than 400 stores within the United States alone. In 2005, Complainant generated more than $800 million in revenue from its products under the THE BODY SHOP mark. Complainant operates a website at the <thebodyshopinternational.com> domain name.
Complainant has registered the THE BODY SHOP mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 970,931 issued October 16, 1973; Reg. No. 1,502,631 issued August 30, 1988; Reg. No. 1,666,465 issued December 3, 1991).
Respondent registered the disputed domain name on November 14, 2005. The <bodyshopinternational.com> domain name resolves to a commercial web directory displaying links to Complainant’s competitors and to unrelated content. The web directory also contains a link indicating that the disputed domain name is for sale.
Respondent submitted a Response to the Complaint after the appropriate deadline, which stipulated that Respondent agreed to transfer the domain name registration for the <bodyshopinternational.com> domain name to Complainant.
Paragraph 15(a) of the Rules instructs this Panel to "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."
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.
Respondent has consented to the transfer of the <bodyshopinternational.com>
domain name to Complainant. Consistent with a general legal
principle governing arbitrations as well as national court proceedings, this
Panel holds that it cannot issue a decision that would be either less than
requested, or more than requested by the parties. Because both Complainant and Respondent request the transfer of the
disputed domain name to Complainant, the Panel must recognize the common
request of the two parties. See Malev
Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum,
Jan. 13, 2004) (“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 Boehringer Ingelheim Int’l GmbH v.
Modern Ltd. - Cayman Web Dev., FA 133625 (Nat. Arb. Forum, Jan. 9, 2003); see also Alstyle
Apparel/Active Wear v. Schwab, FA 170616 (Nat. Arb. Forum, Sept. 5,
2003).
Therefore, as Respondent has agreed to tranfer the disputed domain name registration to Complainant, the Panel will forego the traditional UDRP analysis and order the transfer of the <bodyshopinternational.com> domain name to Complainant. See 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”).
Accordingly, it is Ordered that the <bodyshopinternational.com> domain name be TRANSFERRED from Respondent to Complainant.
Louis E. Condon, Panelist
Dated: May 25, 2006
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