Featured Domains

register.to

Frank Schilling wins cybersquatting dispute

Indian insurance company falls short in UDRP.

Blue image with the letters 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.

The most in-depth analysis of the global domain market

Get Our Newsletter

Stay up-to-date with the latest analysis and news about the domain name industry by joining our mailing list.


No spam, unsubscribe anytime.

Reader Interactions

Comments

    Leave a Comment

  1. Domainer says

    The problem is – unless you have deep pockets you can not defend against a number of legal attacks.

    The UDRP is affordable in moderation but also a gamble.

    However, the real expenses start when the case goes to U.S. Federal Court for trademark infringement. And, the risk of losing can be very expensive.

  2. Ibrahim says

    Legal battle is costly, not everyone can defend it. I have CardiacCareInsurance.com and CostEffectiveInsurance.com, common words still no one knows who is gonna a wake up and say this is ours.

  3. khanimranm says

    What made Religare think that they had even the smallest chance to get this domain.
    There would be hundreds of insurance companies having these generic terms in their name. What made you think that you have the actual ownership rights and noone else .
    Your legal firm made you lose money for the wrong reasons.
    Next time go only with the experienced lawyers in this field.
    Also be prepared if Frank files domain reverse hijacking case against you.

Domain Name Wire | Domain Name News
%d bloggers like this: