DECISION
Bristol West Holdings, Inc. v. Zain Khursheed
Claim Number: FA2606002224609
PARTIES
Complainant is Bristol West Holdings, Inc. ("Complainant"), represented by Felicia J. Boyd of Norton Rose Fulbright US LLP, Minnesota, USA. Respondent is Zain Khursheed ("Respondent"), Pakistan.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <bristolwest.online>, registered with NameCheap, Inc.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on June 1, 2026. Forum received payment on June 1, 2026.
On June 2, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <bristolwest.online> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On June 8, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 29, 2026 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@bristolwest.online. Also on June 8, 2026, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts.
Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.
On June 30, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES' CONTENTIONS
A. Complainant
Complainant is a member of Farmers Insurance Group of Companies®, one of the largest property and casualty insurer groups in the United States. Complainant owns the BRISTOL WEST trademark and variations thereof. It operates the website at "www.bristolwest.com".
The <bristolwest.online> domain name is confusingly similar to Complainant's U.S. federally registered BRISTOL WEST® marks and its domain name <bristolwest.com>.
Respondent has no rights or legitimate interest in the <bristolwest.online> domain name. Respondent has no trademark or intellectual property rights in the domain name. Respondent has no relationship, affiliation, connection, endorsement nor association with Complainant. Respondent has never requested or received any authorization, permission, or license from Complainant to use the BRISTOL WEST marks in any way. There is no evidence that Respondent has, as a business or other organization, been commonly known by the domain name, or that the domain name is Respondent's legal name. Respondent has never made any use of, nor demonstrable preparation to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services. The domain name directs Internet users to a website prominently displaying Complainant's word and design marks to appear as if the website were sponsored by Complainant. The website further provides information regarding Complainant's insurance services alongside e-mail addresses bristolwest.online@gmail.com, us@bristolwest.it.com, and us@bristolwest.online for contacting the bristolwest.online site. Additionally, Respondent is using the website to collect sensitive financial and personally identifying information of the unsuspecting public, through "Start Quote," "Make a Payment," "Claims Center," "Contact," and "Policyholder Login." The only conclusion is that Respondent will benefit financially through use of the provided information in phishing schemes targeting the domain name's users or selling the information to third parties.
Respondent registered and is using the <bristolwest.online> domain name in bad faith. At the time Respondent registered the domain name on May 22, 2026, Respondent would have been aware of Complainant's mark to use Complainant's logos and promote services identical to Complainant's. Respondent is not making a legitimate non-commercial or fair use of the domain name and is instead using the domain name to impersonate Complainant to create the false impression that the website is affiliated with or operated by Complainant's business. Such attempts at passing off can only be interpreted as Respondent's calculated effort to perpetrate fraud on Complainant's customers and potential customers through an intentional phishing scheme.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
Complainant has established all the elements entitling it to relief.
DISCUSSION
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the 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.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.1 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint.").
Identical and/or Confusingly Similar
Complainant has shown that it has rights inter alia in the word mark BRISTOL WEST, USPTO Registration No. 3,466,477, and in the word and design mark B BRISTOL WEST INSURANCE GROUP, USPTO Registration No. 3,466,479, both registered on July 15, 2008 for insurance services in International Class 36.
The Panel finds Respondent's <bristolwest.online> domain name to be confusingly similar to Complainant's BRISTOL WEST mark, only differing by the omission of the space between the words, which is insufficient to distinguish the domain name from Complainant's mark. The inconsequential ".online" generic top-level domain ("gTLD") may be ignored under this element. See Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).
Complainant has established this element.
Rights or Legitimate Interests
Paragraph 4(c) of the Policy provides that any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Respondent's rights or legitimate interests to a domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <bristolwest.online> domain name was registered on May 22, 2026, many years after the registration of Complainant's BRISTOL WEST word and B BRISTOL WEST INSURANCE GROUP word and design marks. It resolves to a website with the look and feel of Complainant's website; prominently displaying Complainant's word and word and design marks; offering "Bristol West Insurance"; and stating: "Bristol West is a proud member of the Farmers Insurance Group of Companies". The website invites Internet users to login with their personal information.
These circumstances, together with Complainant's assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <bristolwest.online> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (Forum July 17, 2019). Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith" and Paragraph 4(b) sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii), including:
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant, its BRISTOL WEST word and B BRISTOL WEST INSURANCE GROUP word and design marks and its website at "www.bristolwest.com" when Respondent registered the <bristolwest.online> domain name and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's website, by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's website and of the services promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <bristolwest.online> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: July 1, 2026.
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