Examination of WIPO Case D2019-2073: Religare Health Insurance Company Limited vs. Name Administration Inc. / Domain Administrator
- by Staff
In the domain name dispute case D2019-2073, Religare Health Insurance Company Limited from India, represented by Saikrishna & Associates, filed a complaint against Name Administration Inc., Grand Cayman, over the domain name . The complaint was filed on August 23, 2019.
Religare, a health insurer, claimed that the domain name was confusingly similar to their registered trademarks which included the word “Care.” The domain name, registered on August 12, 2015, by Name Administration Inc., was used for an advertising page with pay-per-click links.
Religare asserted that Name Administration Inc. had no legitimate interests in the domain name and accused them of registering and using it in bad faith. They claimed that the respondent was aware or should have been aware of Religare’s trademark at the time of registration.
Name Administration Inc. argued that the domain name was a combination of generic terms related to health insurance, which they legitimately used for keyword search advertising services. They claimed no knowledge of Religare or its trademarks at the time of registration.
The WIPO panel, comprising Willem J. H. Leppink, Harini Narayanswamy, and Richard G. Lyon, found that Religare failed to prove that the domain name was registered in bad faith. The panel noted that the domain name contained common terms and that Religare’s trademark rights were limited to India. Consequently, the complaint was denied. Panelist Richard G. Lyon, in a concurring opinion, argued that the complaint should be considered an abuse of the administrative proceeding, noting that Religare’s representative should have known the complaint was baseless.
This case underlines the complexities in domain name disputes, especially involving generic terms and international trademark rights.
For more detailed information on this case, you can refer to the full decision on WIPO’s website: WIPO Domain Name Decision: D2019-2073.
In the domain name dispute case D2019-2073, Religare Health Insurance Company Limited from India, represented by Saikrishna & Associates, filed a complaint against Name Administration Inc., Grand Cayman, over the domain name . The complaint was filed on August 23, 2019. Religare, a health insurer, claimed that the domain name was confusingly similar to their…