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On-line ADR Center of the Czech Arbitration Court (CAC)

Panel Decision

§ 15 of the UDRP Rules (Rules), § 9 of the CAC’s Supplemental Rules (Supplemental Rules)

Case No.	101146
Time of Filing	2015-12-29 09:14:19
Disputed domain name	ARCELORMITTAL.XYZ

Case Administrator
Name	Lada Válková

Complainant
Organization	ArcelorMittal (Société anonyme)
Authorized Representative
Organization	Nameshield (Enora Millocheau)

Respondent
Name	Nidhindra M

Other Legal Proceedings

Identification of rights
The Complainant is the owner of the international trademark n°947686 ARCELORMITTAL® registered on August 3th, 2007

Factual Background
The Complainant ARCELORMITTAL S.A. is a company specialized in steel producing in the world. The Complainant is the largest steel producing company in the world and is the market leader in steel for use in automotive, construction, household appliances and packaging with operations in more than 60 countries. It holds sizeable captive supplies of raw materials and operates extensive distribution networks. The Complainant is the owner of the international trademark n°947686 ARCELORMITTAL® registered on August 3th, 2007. The disputed domain name <arcelormittal.xyz> has been registered on August 12th, 2015 with Whois privacy services. The Complainant states that the Disputed Domain is identical to his domain names, trademarks and branded goods ARCELORMITTAL®. Furthermore, it contends that the Respondent does not have any rights or legitimate interest in the disputed Domain Name. It has not been authorized, licensed or permitted to register and use the domains by the Complainant. Moreover, the Complainant states the Respondent has not been commonly known by the disputed Domain Name. Finally, the Complainant claims that the disputed Domain Name has been registered and is being used in bad faith.

Factual Background

The Complainant ARCELORMITTAL S.A. is a company specialized in steel producing in the world. The Complainant is the largest steel producing company in the world and is the market leader in steel for use in automotive, construction, household appliances and packaging with operations in more than 60 countries. It holds sizeable captive supplies of raw materials and operates extensive distribution networks. The Complainant is the owner of the international trademark n°947686 ARCELORMITTAL® registered on August 3th, 2007.

The disputed domain name <arcelormittal.xyz> has been registered on August 12th, 2015 with Whois privacy services.

The Complainant states that the Disputed Domain is identical to his domain names, trademarks and branded goods ARCELORMITTAL®.

Furthermore, it contends that the Respondent does not have any rights or legitimate interest in the disputed Domain Name. It has not been authorized, licensed or permitted to register and use the domains by the Complainant. Moreover, the Complainant states the Respondent has not been commonly known by the disputed Domain Name. Finally, the Complainant claims that the disputed Domain Name has been registered and is being used in bad faith.


NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.

Rights
The Complainant has, to the satisfaction of the Panel, shown the Domain Name is 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). In particular, the disputed domain name <arcelormittal.xyz> is identical to its international trademark ARCELORMITTAL®. The addition of the new gTLD ".XYZ" is not sufficient to escape the finding that the disputed domain name is identical to the trademark ARCELORMITTAL®.

Rights

The Complainant has, to the satisfaction of the Panel, shown the Domain Name is 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). In particular, the disputed domain name <arcelormittal.xyz> is identical to its international trademark ARCELORMITTAL®.

The addition of the new gTLD ".XYZ" is not sufficient to escape the finding that the disputed domain name is identical to the trademark ARCELORMITTAL®.

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 Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy). The Respondent is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorization has been granted to the Respondent to make any use of the trademark ARCELORMITTAL®, or apply for registration of the disputed domain name by the Complainant. Therefore, the Panel is satisfied that the Complainant has made a prima facie case, which the Respondent has not rebutted.

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 Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy). The Respondent is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorization has been granted to the Respondent to make any use of the trademark ARCELORMITTAL®, or apply for registration of the disputed domain name by the Complainant.
Therefore, the Panel is satisfied that the Complainant has made a prima facie case, which the Respondent has not rebutted.

Bad faith
The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy). The website associated to the disputed domain name <arcelormittal.xyz> is in parking page with pay per click links since its registration. The fact that the disputed domain name is used for a website displaying sponsored links to third party websites shows that the Respondent is free-riding on the goodwill and reputation associated with the Complainant’s trademark and business with the apparent intention of obtaining pay-per-click royalties, and at the same time disrupts the Complainant’s business by diverting Internet users.

Bad faith

The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy). The website associated to the disputed domain name <arcelormittal.xyz> is in parking page with pay per click links since its registration. The fact that the disputed domain name is used for a website displaying sponsored links to third party websites shows that the Respondent is free-riding on the goodwill and reputation associated with the Complainant’s trademark and business with the apparent intention of obtaining pay-per-click royalties, and at the same time disrupts the Complainant’s business by diverting Internet users.

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.

Principal Reasons for the Decision
The Respondent uses a domain name which is nearly identical with the trademark owned by the Complainant. As the Respondent has not filed a response, there is no indication available that the Respondent has a legitimate interest in using the domain in question. Obviously, the Respondent has only registered the domain name to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of its website or location or of a product or service on its website or location.

Principal Reasons for the Decision

The Respondent uses a domain name which is nearly identical with the trademark owned by the Complainant. As the Respondent has not filed a response, there is no indication available that the Respondent has a legitimate interest in using the domain in question. Obviously, the Respondent has only registered the domain name to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of its website or location or of a product or service on its website or location.

Decision
For all the following reasons, the Complaint is	Accepted
and the disputed domain name(s) are to be
ARCELORMITTAL.XYZ	Transferred to the Complainant

Panellists
Name	Thomas Hoeren
Date of Panel Decision	2016-02-06

Publication of the Decision
Do not publish the Decision

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Dispute 101146

Panel Decision