The UDRP filed against the domain name A1GarageDoorsFL.com by TMII Enterprises LLC (doing business as A1 Garage Door Service) shares a startling view of the industry’s financials.
As the Complainant in this case, the company stated its prowess and fame as one of Florida’s companies that handle work for garage doors:
“Complainant-A1 has operated the domain name a1garage.com since at least as early as 2006. Over the three-year period ending in 2024, revenues derived from Complainant-A1’s sales services under its well-known marks exceeded $500 million.”
Revenue of half a billion dollars in just 3 years for garage doors is an astounding amount of money. It comes as no surprise that the company tried to protect its brand and mark via this UDRP.
The Forum panelist had a different view, however, as parts of the Complainant’s mark were explicitly disclaimed from its registration:
“The Panel finds that Respondent’s a1garagedoorsfl.com domain name is neither identical nor confusingly similar to Complainant’s registered A1 GARAGE DOOR SERVICE + design mark because the design is the predominant element of the mark and the words “Garage Door Service” are disclaimed.”
Final decision: Deny the transfer of the domain A1GarageDoorsFL.com to the Complainant.
Copyright © 2025 DomainGang.com · All Rights Reserved.TMII Enterprises, LLC v. shay yosofon
Claim Number: FA2504002153363
PARTIES
Complainant is TMII Enterprises, LLC (“Complainant”), represented by Bianca L. Ascolese of Foley & Lardner LLP, Wisconsin, USA. Respondent is shay yosofon (“Respondent”), Florida, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is a1garagedoorsfl.com, registered with GoDaddy.com, LLC.
PANEL
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.
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on April 30, 2025. Forum received payment on April 30, 2025.
On May 1, 2025, GoDaddy.com, LLC confirmed by e-mail to Forum that the a1garagedoorsfl.com domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 May 5, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 27, 2025 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@a1garagedoorsfl.com. Also on May 5, 2025, 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 28, 2025, 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
Complainant, TMII Enterprises, LLC dba A1 Garage Door Service (“Complainant-A1”), is an industry-leading provider of garage door repair and installation services in multiple locations across the United States, including in the state of Florida.
Continuously and exclusively since 2007, Complainant-A1 has used the trademarks A1 and A1 GARAGE DOOR SERVICE, alone or in combination with other word and design elements, in providing garage door sales, repair and installation services. Complainant-A1 has operated the domain name a1garage.com since at least as early as 2006. Over the three-year period ending in 2024, revenues derived from Complainant-A1’s sales services under its well-known marks exceeded $500 million.
The a1garagedoorsfl.com domain name is clearly confusingly similar to Complainant-A1’s service marks, including its A1 GARAGE DOOR SERVICE mark.
Respondent has no rights or legitimate interests in the a1garagedoorsfl.com domain name. Respondent, an individual apparently residing in Fort Lauderdale, Florida, is not commonly known by the domain name or any derivation thereof. Neither is Respondent a licensee or affiliate of Complainant-A1, nor otherwise authorized to use or register Complainant-A1’s service marks in any manner. Respondent’s use of the domain name does not constitute a bona fide offering of goods/services, nor does it constitute a non-commercial use or fair use of the domain name, which resolves to an under-construction webpage. Additionally, the domain name directs users to the sub-domain call.a1garagedoorsfl.com that resolves to an active webpage offering competing services in markets in which Complainant-A1 operates, including in the state of Florida. This is likely to lead consumers to believe, erroneously, that Respondent is actually Complainant-A1 or is affiliated with Complainant-A1, or that Respondent’s services are the official services offered by Complainant-A1 in Florida and elsewhere in the United States.
Respondent registered the a1garagedoorsfl.com domain name in bad faith with actual knowledge of Complainant-A1’s rights in its A1 and A1 GARAGE DOOR SERVICE marks and uses it with bad faith intent to unfairly capitalize on Complainant-A1’s trademark rights and to create confusion with Complainant-A1’s mark for Respondent’s commercial gain.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
Complainant has failed to establish 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 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 the domain name should be cancelled or transferred:
i) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(ii) Respondent has no rights or legitimate interests in respect of the domain name; and
(iii) 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 as 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 3.0 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
As to whether Complainant has common law trademark rights, Complainant’s Chief Financial Officer has provided a declaration that:
“Complainant-A1 has continuously and exclusively used the marks A1 and the A1 GARAGE DOOR SERVICE, alone or in combination with other word and design elements, in connection with Complainant-A1’s garage door sales, repair and installation services since at least as early as 2007.”
Complainant has provided no evidence in support of that Declaration. Accordingly, the Panel is not satisfied that Complainant has established common law trademark rights in A1 or A1 GARAGE DOOR SERVICE.
Complainant has shown that it has rights in the A1 word mark and the A1GARAGE DOOR SERVICE + design service mark through registrations with the USPTO (i.e., A1 word mark, Reg. No. 5,245,234, registered on July 18, 2017 for “Retail store services, featuring, garage doors, openers and components” in International Class 35; and A1 GARAGE DOOR SERVICE + design, Reg. No. 7,746,740, registered on April 1, 2025. That mark consists of: “A red “A1” with vehicle under the “A”. The vehicle is black. The words “garage door service” are under the car and the “A1′ and are in white with a black background”. The colors red, black, and white are claimed as a feature of the mark. The words “Garage Door Service” are disclaimed).
It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s trademark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0 “), section 1.7.
The Panel finds that Respondent’s a1garagedoorsfl.com domain name is neither identical nor confusingly similar to Complainant’s registered A1 GARAGE DOOR SERVICE + design mark because the design is the predominant element of the mark and the words “Garage Door Service” are disclaimed.
As to Complainant’s registered A1 mark, “A1” is a common descriptive expression for “first class” or “excellent”. Although the a1garagedoorsfl.com domain name contains the whole of the A1 mark, the addition of the descriptive words “garage doors” and the abbreviation for Florida, “fl”, leave the Panel unpersuaded that the domain name is identical or confusingly similar to Complainant’s registered A1 mark. The inconsequential “.com” generic top-level domain (“gTLD”) may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).
Complainant has failed to establish this element.
Rights or Legitimate Interests and Registration and Use in Bad Faith
In light of the Panel’s findings above, it is unnecessary to consider these elements.
DECISION
Complainant having not established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.
Accordingly, it is Ordered that the a1garagedoorsfl.com domain name REMAIN WITH Respondent.
Alan L. Limbury, Panelist
Dated: May 29, 2025
