The Domain Name is confusingly similar to the Complainant's registered trademark ARCELORMITTAL, since the addition of the term "VINTON", corresponding to the name of a city in United States, is not sufficient to distinguish the Domain Name from that mark and the gTLD ".com" is generally to be disregarded.
The ARCELORMITTAL mark is distinctive. The Complainant’s assertions are sufficient to constitute a prima facie showing of absence of rights or legitimate interest in the Domain Name on the part of the Respondent. The evidentiary burden therefore shifts to the Respondent to show by concrete evidence that it does have rights or legitimate interests in that name: Do The Hustle, LLC v. Tropic Web, WIPO Case No. D2000-0624 and the cases there cited. The Respondent has made no attempt to do so. Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in the Domain Name.
Given the distinctiveness of the Complainant's trademark, the Panel infers that the Respondent registered the Domain Name with knowledge of the Complainant's mark and redirected the Domain Name to the Complainant's website without the Complainant's authorization for the purpose of misleading Internet users into believing that the Respondent is the Complainant or an entity approved by the Complainant. The Domain Name has thus been registered and is being used in bad faith.
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