Decisión del Panel Administrativo nº D2015-0563 of WIPO Arbitration and Mediation Center, May 15, 2015 (case Etechaces Marketing and Consulting Private Limited v. Bhargav Chokshi / IR Financial Services Pvt. Ltd.)

• Resolution Date: May 15, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Etechaces Marketing and Consulting Private Limited v. Bhargav Chokshi / IR Financial Services Pvt. Ltd.

Case No. D2015-0563

1. The Parties

The Complainant is Etechaces Marketing and Consulting Private Limited of Haryana, India, represented by Wadhwa Law Chambers, India.

The Respondent is Bhargav Chokshi / IR Financial Services Pvt. Ltd., of Ahmedabad, India, represented by Gaurav Soni, India.

2. The Domain Name and Registrar

The disputed domain name [onlinepolicybazaar.com] is registered with BigRock Solutions Pvt Ltd. (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 31, 2015. On March 31, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 1, 2015, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), 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").

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on April 2, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was April 22, 2015. The Response was filed with the Center on April 22, 2015.

The Center appointed Harini Narayanswamy as the sole panelist in this matter on May 1, 2015. 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

The Complainant is in the business of providing online insurance comparisons through its wholly owned company Policy Bazaar Insurance Web Aggregator Private Limited. It registered the domain name [policybazaar.com] on May 26, 2008, and uses the trademarks POLICY BAZAAR and POLICY BAZAAR.COM in connection with its business. It owns trademark registrations for the said marks, details of its registered trademarks are:

TRADEMARK	TRADEMARK NUMBER	CLASS	DATE OF APPLICATION
POLICYBAZAAR.COM	1764833	38	December 17, 2008
POLICYBAZAAR.COM	1764834	41	December 17, 2008
POLICYBAZAAR.COM ( Device)	1764854	16	December 17, 2008
POLICYBAZAAR.COM (Device)	1764846	35	December 17, 2008
POLICYBAZAAR.COM ( Device)	1764847	36	December 17, 2008
POLICYBAZAAR.COM ( Device)	1764848	38	December 17, 2008
POLICYBAZAAR.COM ( Device)	1764849	41	December 17, 2008
POLICY BAZAAR (word mark)	2183635	16	August 1, 2011

The Respondents are Bhargav Choksi and IR Financial Services Pvt. Ltd. The second Respondent IR Financial Services Pvt. Ltd., is a company incorporated on March 2, 2006. The Respondents are collectively referred to as "The Respondent", in these proceedings. The Respondent registered the disputed domain name [onlinepolicybazaar.com] on February 25, 2012.

5. Parties' Contentions

A. Complainant

The Complainant states that it runs India's leading online insurance comparison portal under the mark POLICY BAZAAR. It has been providing solutions to 5,000,000 Indian customers since 2008. During the year 2014, the Complainant states it received 8.1 million page views from 1.6 million users. At the time of filing the Complaint, its Alexa ranking in India was 665 and it has filed as evidence the Google Analytics Audience Overview for [policybazaar.com] for the period from January 1, 2014 to December 31, 2014.

The Complainant states its insurance comparison engine runs due to intense research and periodic updating by a team of more than one thousand five hundred employees. The Complainant states that financiers and funds have invested in its business and it has spent over USD 18 million on advertising and promoting its mark. It was awarded "best financial website" by the Internet and Mobile Association of India for the years 2013 and 2014. The Complainant states it has registered rights and common law rights in the POLICYBAZAAR.COM trademark and the corresponding logo. The Complainant states it also owns several domain names formed with its POLICY BAZAAR and POLICYBAZAR.COM marks.

The Complainant states the disputed domain name uses the trademark in its entirety and is confusingly similar to its trademark. It contends it is the prior adopter, user and owner of the POLICY BAZAAR and the POLICYBAZAAR.COM marks and has trademark registrations and pending trademark applications for the said marks. The Complainant states it had sent a legal notice to Respondent dated July 2, 2013 and the Respondent replied to the said notice by a communication dated July 17, 2013.

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