Health Insurance Company Found Guilty of Reverse Domain Hijacking

In a cautionary domain dispute, Centene Corporation (the "Complainant"), a US health insurance company, attempted to reclaim the domain FidelisInsuranceCompany.com through the Uniform Domain Name Dispute Resolution Policy (NDR), but was ultimately found guilty of reverse domain hijacking.

According to the NAF's decision, the domain is held by Italian registrant Massimo Puglisi and is not currently in use. The Complainant claims to own the trademarks "FIDELIS" and "FIDELIS CARE" in the US and other countries for use in the health insurance and medical services sector, arguing that the domain is confusingly similar to its trademarks and that the registrant has no legitimate interest, requesting its transfer.

The panel, after review, determined that while the domain does contain the word "FIDELIS," the Complainant failed to prove that the registrant was aware of its trademarks or acted maliciously. The registrant is located in Italy, and the Complainant failed to provide evidence that its trademarks have recognition in the country. The ruling stated that the domain is in a state of "passive holding," but "passive holding does not equate to malicious use."

The panel also emphasized that "FIDELIS," derived from Latin and meaning "loyalty," is a common word registered as a trademark by numerous companies. The complainant does not have exclusive rights to the word, yet still filed a complaint, clearly an abuse of the dispute resolution process.

After comprehensive evaluation, the arbitration panel determined that Centene did not meet the three requirements of the UDRP: trademark similarity, lack of legitimate rights by the registrant, and malicious registration and use. Because the complainant filed the complaint without sufficient evidence, its actions were deemed reverse domain hijacking.

This case serves as a reminder to brands that the UDRP is not a shortcut to obtaining generic or descriptive domain names. Without clear evidence of malicious registration, hastily filing a complaint may not only result in a loss but also be considered an abuse of process, damaging one's reputation.