WIPO Domain Name Decision D2019-0681 for esurego.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Esure Insurance Limited v. Istvan Mayer Case No. D2019-0681 1. The Parties
The Complainant is Esure Insurance Limited of Reigate, United Kingdom, represented by Keltie LLP, United Kingdom (“UK”).
The Respondent is Istvan Mayer of Dublin, Ireland. 2. The Domain Name and Registrar
The disputed domain name is registered with GoD, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 26, 2019. On March 27, 2019, the Center transmitted, by email, to the Registrar a request for registrar verification in connection with the disputed domain name. On March 28, 2019, the Registrar transmitted, by email, to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center, in turn, sent an email communication to the Complainant on April 1, 2019 providing the registrant and contact information disclosed by the Registrar and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on April 3, 2019.
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). Hereinafter, the Complaint will refer to the amended Complaint, unless the context specifically indicates otherwise.
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint and that this proceeding commenced on April 5, 2019. In accordance with the Rules, paragraph 5, the Center set the due date for a Response to April 25, 2019. The Respondent did not submit any response. Accordingly, on April 26, 2019, the Center notified the parties of the Respondent’s default.
On May 8, 2019, the Center appointed Peter L. Michaelson as the sole panelist in this matter. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
As reflected in the registration record for the disputed domain name in the public WhoIs database (a copy of that record appears in Annex 1 to the Complaint), the disputed domain name was registered on February 26, 2019 and will expire on February 26, 2020. A. The Complainant’s esure marks (collectively the “esure Marks”)
As indicated in the Complaint, the Complainant owns various UK and Community (European) trademark registrations for the term “esure” (and variants) in block letters. The Complainant has provided, in Annex 2 to the Complaint, print-outs of its registration certificates for these registrations. Pertinent details of these registrations are as follows:
1. esure (word)
European Union registration number: 2147890
Filed: March 13, 2001; Registered: July 15, 2002
This mark is registered for use in connection with: “Insurance services; provision of information and consultancy services relating to insurance” in international class 36.
2. esure (word)
European Union registration number: 4470423
Filed: May 19, 2005; Registered: June 20, 2006
This mark is registered for use in connection with: “Financial services; financial affairs; monetary affairs; insurance services; insurance broking and underwriting services; issuance of credit and debit cards; credit, debit and charge card services; discount card services; automated payment services; banking services; credit services; mortgage services; mortgage protection services; loan services; income protection services; information, advisory and consultancy services relating to the aforementioned services"; all in international class 36.
3. ESURE (word), esure (word) and esure (stylized)
UK registration number: 2204410
Filed: July 30, 1999; Registered: January 14, 2000
This mark is registered for use in connection with: “Insurance services; provision of information and consultancy services relating to insurance" in international class 36.
4. esure (word)
UK registration number: 3076709
Filed: October 13, 2014; Registered: January 23, 2015
This mark is registered for use in connection with: “Insurance services; provision of information and consultancy services relating to insurance” in Class 36. B. The Parties and their activities
The Complainant was founded in 2000. It has become one of the UK’s leading insurance companies with over two million customers and over 1,500 employees across the UK with offices in Surrey, Manchester and Glasgow. During the Complainant’s early years, it used its esure mark extensively in television and radio advertisements. Since its founding, the Complainant has also used its mark esure continuously on its website (a copy of web pages as they appeared on December 17, 2018 from its sites at , and are provided in Annex 4 to the Complaint). For the years 2014, 2015 and 2016, the Complainant’s website at respectively experienced 2,030,187; 3,689,859 and 6,381,308 annual visitors
Since 2000 and continuing to the present, the Complainant annually expends millions of UK pounds in advertising its services under its esure mark across many forms of media and other outlets including television, radio, national newspapers and other publications, advertising on third‑party Intemet websites including display and pay‑per‑click, poster campaigns, sponsorship, direct mail and door drop, brand licensing, affiliates, printing and stationery, and promotional events. From 2010 through 2016, these expenditures have annually increased from approximately UKP 2.5 Million in 2010 to UKP 7.7 Million in 2016. During that time, the Complainant’s annual sales from 2010 through 2016 have risen from approximately UKP 100 Million for 2010 to UKP 302 Million for 2016. See Witness Statement of Nigel Gosden, Retail Director of the Complainant (a copy of which appears in Annex 7 to the Complaint) dated May 12, 2017 which includes a detailed delineation of the Complainant’s promotional and marketing activities involving its esure mark from 2000 through 2016.
As of the date of the Complaint, the Respondent is not using the domain name in conjunction with an operative website. The name merely resolves to a parking page provided by the Registrar through which the name is offered for sale. That page contains several pay-per-click links to third-party websites offering insurance services, such as for automobile coverage, that directly compete with insurance services offered by the Complainant. A copy of this parking page is provided in Annex 10 to the Complaint with, in Annex 11, a copy of a web page that results from clicking on the link “Cheap Car Insurance Quotes” appearing on the parking page. That web page takes an Internet user to a page listing four insurance businesses including “Be Wiser”, the latter being an insurance broker and competitor of the Complainant. 5. Parties’ Contentions A. Complainant
(i) Identical or Confusingly Similar
The Complainant contends that the disputed domain name is confusingly similar to its mark esure.
Specifically, the name contains this mark, in its entirety, to which the common word “go” has been appended, the latter being insufficient to adequately distinguish the resulting name from the mark to prevent confusion of Internet users.
Thus, the Claimant believes that it has satisfied the confusing similarity/identity requirement in paragraph 4(a)(i) of the Policy.
(ii) Rights or Legitimate Interests
The Complainant contends that, for various reasons, the Respondent has no rights or legitimate interests in the disputed domain name pursuant to paragraphs 4(a)(ii) and 4(c) of the Policy.
First, the Respondent does not own any trademark registrations where a corresponding mark comprises part or