The Complainant, NIB Health Funds Limited, is an international health and medical insurance provider based in Australia. The Complainant provides health and medical insurance to over 1.4 million Australian and New Zealand residents, and to more than 190,000 international students and workers in Australia.<\/p>\n
On July 8, 2015, the Complainant fully acquired the World Nomads Group (“World Nomads”). World Nomads was founded in 2002 and is headquartered in Sydney. It specializes in the marketing, sale and distribution of travel insurance policies globally, and provides ancillary insurance services such as claims management and emergency assistance for policies written in Australia and New Zealand. As a result of the acquisition, the Complainant became one of Australia’s largest travel insurance provider and global distributor of travel insurance through its nib travel service which provides financial protection and assurance to travellers worldwide. The Complainant’s World Nomads brand has received travel awards in recent years and has a strong Internet presence through its website <www.worldnomads.com> which was registered on January 3, 2000. The Complainant also states that its World Nomads brand is well recognized and respected worldwide and, in the industry, and that it has made significant investment to advertise and promote its trademark worldwide in the media and Internet.<\/p>\n
The disputed domain names were registered by the Respondent on July 11, 2022, which resolved to active websites displaying Pay-Per-Click (”PPC”) links related to the Complainant’s business.<\/p>\n
<\/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 Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>\n
Preliminary Issue: Language of Proceedings<\/p>\n
Paragraph 11 of the Rules provides that:<\/p>\n
“(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.”<\/p>\n
The language of the Registration Agreements for the disputed domain names is Chinese.<\/p>\n
The Complainant requested that the language of the proceeding be English for the following reasons:<\/p>\n
(i) the term WORLD NOMADS is the dominant composition of the disputed domain names which does not carry any specific meaning in the Chinese language;<\/p>\n
(ii) the disputed domain names’ websites include several terms and phrases in the English language, such as “Best Travel Insurance”, “Trip Insurance” and “Travel Medical Insurance”; and<\/p>\n
(iii) additional expense and delay would be incurred if the Complaint is translated into Chinese.<\/p>\n
The Respondents did not comment on the language of the proceeding.<\/p>\n
The Panel cites the following with approval: “Thus, the general rule is that the parties may agree on the language of the administrative proceeding. In the absence of this agreement, the language of the Registration Agreement shall dictate the language of the proceeding. However, the Panel has the discretion to decide otherwise having regard to the circumstances of the case. The Panel’s discretion must be exercised judicially in the spirit of fairness and justice to both parties taking into consideration matters such as command of the language, time and costs. It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her abilities to articulate the arguments for the case.” (See Groupe Auchan v. xmxzl<\/em>, WIPO Case No. DCC2006 0004).<\/p>\n Having considered the above factors, the Panel determines that English be the language of the proceeding. The Panel agrees that the Respondent appear to be familiar with the English language, taking into account the Respondent’s selection of the English-language trademark and the domain names in dispute. In the absence of an objection by the Respondent, the Panel does not find it procedurally efficient to have the Complainant translate the Complaint and evidence into Chinese.<\/p>",
"decision": "Accepted",
"panelists": [
"Jonathan Agmon"
],
"date_of_panel_decision": "2022-10-20 00:00:00",
"informal_english_translation": " The Complainant’s affiliate, WorldNomads.com, is the owner of numerous trademarks worldwide, including but not limited to the following:<\/p>\n - Australia Trademark Registration No. 1676133 for WORLD NOMADS, registered on February 20, 2015;<\/p>\n - New Zealand Registration No. 979240 for WORLD NOMADS, registered on December 19, 2013;<\/p>\n - United States Trademark Registration No. 5169103 for WORLD NOMADS, registered on March 28, 2017;<\/p>\n - Canada Trademark Registration No. TMA1053045 for WORLD NOMADS, registered on September 6, 2019; and<\/p>\n - International Trademark Registration No. 1267300 for WORLD NOMADS, registered on March 30, 2015.<\/p>\n <\/p>",
"decision_domains": {
"worldnomasd.com": "TRANSFERRED",
"wirldnomads.com": "TRANSFERRED",
"woorldnomads.com": "TRANSFERRED",
"worldmomads.com": "TRANSFERRED",
"worldnomadd.com": "TRANSFERRED",
"worldnommads.com": "TRANSFERRED",
"worldnpmads.com": "TRANSFERRED",
"worrldnomads.com": "TRANSFERRED",
"wprldnomads.com": "TRANSFERRED",
"wrldnomads.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}