Oops, I forgot to include the "owner of that trademark" in the prior email. It is: Name 1-800- FLOWERS.COM, INC. (811)Applicant nationality code US Address country US Address One Old Country Road, Suite 500, Carle Place, New York, 11514, USA Q.E.D. Boom goes the dynamite! Pick your own meme. :-) Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Apr 11, 2017 at 8:35 AM, George Kirikos <icann@leap.com> wrote:
A quick followup, TMview shows that 1-800-Flowers.com has a registered trademark in Tunisia for the word mark "FLOWERS"
https://www.tmdn.org/tmview/get-detail?st13=TN501998E00002040
Here are the essential fields (not all copied/pasted):
Application numberTN/E/1998/2040 Application date1998-12-29 Trade mark officeTunisia - INNORPI Registration numberTN/E/1998/2040 Registration date 1998-12-29 Trade mark type Word Current trade mark status Registered
They have multiple classes of registered goods and services, but the English translation of class 31 is incredible:
EN (511)Nice class number31 List of goods and servicesAgricultural, horticultural and forestry products and grains not included in other classes, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt.
In other words, in Tunisia, 1-800-Flowers.com has a trademark for the brand "FLOWERS" for the goods flowers!!!!!!
Let's see the TMCH entry for FLOWERS, please.
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
On Tue, Apr 11, 2017 at 8:18 AM, George Kirikos <icann@leap.com> wrote:
Hi folks,
I believe I've found a "smoking gun", see below:
On Tue, Apr 11, 2017 at 12:37 AM, Nahitchevansky, Georges <ghn@kilpatricktownsend.com> wrote:
To put it bluntly, there hea been no evidence presented that bona fide brand owners are abusing the TMCH system in order to horde common terms or stiffle free speech. At best, you have a handful of speculators that gamed the system to some extent. This might be a fix or a tweek to the existing regime, but should not be a wholesle questioning of the entire system. Let' move on already.
According to the launch schedule for the .DELIVERY TLD at:
https://ie.godaddy.com/help/about-delivery-domain-names-12395
Sunrise period was from 12/2/14 at 16:00 UTC to 1/31/15 at 16:00 UTC, and EAP (Landrush) didn't begin until 2/4/15 at 16:00 UTC
Consider the domain name FLOWERS.DELIVERY, registered to 1-800-FLOWERS.COM Inc., via DomainTools:
https://whois.domaintools.com/flowers.delivery
Its creation date/time was 2015-02-03T22:14:41Z, which was BEFORE the EAP/Landrush date, which is strong evidence it was registered in the sunrise period. [I'm aware that the date is after the close of sunrise, however, I believe that's because all the sunrise domains were created in a batch after the sunrise period was completed; that way, if there were multiple applications for the same string, they could be auctioned, etc.]
Note that Yahoo.delivery was created at the same time (within a few seconds):
https://whois.domaintools.com/yahoo.delivery
Creation Date: 2015-02-03T22:14:58Z
Once again predating EAP/Landrush (I'm confident that's a sunrise registration, as it would be cheaper than paying the Day 1 EAP price!).
And it's the same date/time stamp as that of the US Postal Service's registration:
https://whois.domaintools.com/usps.delivery
Creation Date: 2015-02-03T22:14:26Z
which once again, should have been a sunrise registration too.
And in case anyone suggests that "maybe someone else gamed the system, and 1-800-Flowers.com bought it from them", the earliest WHOIS history record from DomainTools is dated 2015-02-04 (i.e. the next day) and is:
https://research.domaintools.com/research/whois-history/search/?q=flowers.de...
Domain Name: flowers.delivery Domain ID: 9f91e929ec1c4bc09eaeccd278f2652f-D WHOIS Server: http://www.whois.corporatedomains.com Referral URL: http://www.cscglobal.com Updated Date: 2015-02-03T22:14:41Z Creation Date: 2015-02-03T22:14:41Z Registry Expiry Date: 2016-02-03T22:14:41Z Sponsoring Registrar: Corporation Service Company Sponsoring Registrar IANA ID: 299 Domain Status: ok https://www.icann.org/epp#ok Registrant ID: 1800flower Registrant Name: Domain Administrator Registrant Organization: 1-800-FLOWERS.COM, INC. Registrant Street: One Old Country Road, Suite 500 Registrant City: Carle Place Registrant State/Province: NY Registrant Postal Code: 11514 Registrant Country: US Registrant Phone: +1.5162376000 Registrant Phone Ext: Registrant Fax: +1.5162376101 Registrant Fax Ext: Registrant Email: domainadmin@1800flowers.com
This is evidence that cannot be ignored, and is likely just the tip of the iceberg.
There you have it, a "smoking gun". I can see why some people wanted to "move on", to perhaps prevent us from digging deep to find evidence like this, not by a "handful of speculators", but by a large brand owner like 1-800-FLOWERS.com seeking to gain priority access to a common dictionary word that is descriptive to its entire industry.
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/