Indian insurance company falls short in UDRP.
Frank Schilling’s Name Administration has successfully defended the domain name CareHealthInsurance.com in a UDRP.
The three-person World Intellectual Property Organization (WIPO) panel determined that the Complainant, Religare Health Insurance Company Limited in India, did not show that Name Administration registered the domain name in bad faith. The Complainant had a high bar to overcome because care, health, and insurance are terms commonly used together.
Obviously, the juxtaposition of the words is odd. But the panel noted that the Complainant had a high bar to show that its name had taken on secondary meaning, especially since it operates in India and Name Administration is in Grand Cayman.
The health insurance company says it launched its first product in 2012, which is before Name Administration acquired the name. But it says it didn’t register similar domain names, such as carehealthinsurance.in and carehealthinsurance.co.in, until 2018. Both of those domains resolve to registrar holding pages.
One of the panelists determined that this was a case of reverse domain name hijacking.
John Berryhill represented Name Administration. Saikrishna & Associates represented Religare Health Insurance.