ASSURANT Unable to Explain Why “Med” is Descriptive
In a recent domain name dispute over the domain, www.medasurant.com, a single member Panel denied a request to transfer. See Assurant, Inc. v. ICS INC. (Nat. Arb. Forum FA1447017, July 30, 2012). Complainant Assurant is a well known insurance products provider who operates a domain at www.assurant.com. Complainant also has long standing rights to a trademark ASSURANT (Reg. 2,543,367, registered on February 26, 2002.) Complainant’s registration claims right dating back to 1999. The disputed domain was registered on February 1, 2012. Respondent did not respond to the dispute.
Paragraph 4(a) of the ICANN UDRP Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith.
Regarding the first element, Complainant argued that the disputed domain features a misspelling of Complainant’s mark by dropping the second letter “s” and adding the generic word “med.” The Panel noted that Complainant failed to show or even allege why the term “med” was descriptive with respect to the insurance and financial services covered by the ASSURANT mark. In fact, the Panel gave Complainant an opportunity to provide supplement arguments and evidence. Regardless, the Panel found that Complainant still failed to provide any arguments or evidence regarding the connection of the term “med” and Complainant’s services. As a result, the Panel found that Complainant was unable to satisfy ¶4(a)(i) of the Policy.
As a result, the Panel DENIED Complaint’s request to get the disputed domain.