Disputed Domain Names in this case include <wotldnomads.com>, <worldnimads.com> and <worldnoamds.com>. All Disputed Domain Names are registered by an individual or entity named \"Zhi Chao Yang\" (the \"Respondent\") via registrar Cloud Yuqu LLC.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the Disputed Domain Names.<\/p>", "no_response_filed": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Names are identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Disputed Domain Names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "
The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "
The Complainant requests that the language of this administrative proceeding be English pursuant to UDRP Rule 11(a): Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. Complainant makes this request in light of the potential Chinese language Registration Agreement of the Disputed Domain Names involved at this Complaint.<\/p>\n
Paragraph 10 of the UDRP Rules vests a Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1. In this particular instance, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1) The translation of the Complaint would unfairly disadvantage and burden the Complainant and delay the proceedings and adjudication of this matter; 2) The term WORLD NOMADS, the dominant composition of the Disputed Domain Names, does not carry any specific meaning in the Chinese language; 3) The Disputed Domain Names redirect to website containing English word.<\/p>\n
In light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.<\/p>", "decision": "Accepted", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2022-10-16 00:00:00", "informal_english_translation": "
NIB Health Funds Limited (“NIB\" or “Complainant”) along with its affiliate WorldNomads.com Pty Limited are the owners of trademark registrations across various jurisdictions. The Complainant has spent a considerable amount of time and money protecting its intellectual property rights, the trademark registrations relevant to this instant matter are:<\/p>\n
NIB is an international health and medical insurance provider based in Australia. It provides health and medical insurance to over 1.4 million Australian and New Zealand residents, and also provide health insurance to more than 190,000 international students and workers in Australia. <\/p>\n
On July 8, 2015, NIB has agreed to acquire 100% of World Nomads Group (“World Nomads”) as it diversifies its exposure outside of the heavily regulated health insurance space. World Nomads has a strong Internet presence through its website located at <www.worldnomads.com>. According to Similarweb.com, <www.worldnomads.com> ranks 27,135 in the United States and 54,914 globally. Additionally, between May 2022 and July 2022, <www.worldnomads.com> received over 1 million visits. <\/p>", "decision_domains": { "wotldnomads.com": "TRANSFERRED", "worldnimads.com": "TRANSFERRED", "worldnoamds.com ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }