The Panel finds that the disputed domain name "arcelormittalmedia.com" is confusingly similar to the Complainant's "ArcelorMittal" trademark since (1) the disputed domain name incorporates Complainant's trademark in its entirety and (2) the mere addition of the generic term "media" is not capable to dispel the confusing similarity arising from the Complainant's trademark's incorporation in the disputed domain name.
Moreover, the Complainant contends, and the Respondent has not objected to these contentions, that the Respondent so far has neither made use of, or demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services, nor is Respondent making a legitimate non-commercial or fair use of the disputed domain name, nor is Respondent commmonly known thereunder. In fact, the Panel notes that using the disputed domain name to redirect to a standard parking website in order to generate so-called "pay-per-click" (PPC) commissions neither qualifies per se as a bona fide offering of goods or services nor as a legitimate non-commercial or fair use under the UDRP. Moreover, there is no reason for the Panel to believe that Respondent's name somehow corresponds with the disputed domain name and Respondent does not appear to have any trademark rights associated with the term "Arcelormittal" which, according to Complainant's undisputed contentions, in fact has no meaning whatsoever in the English or any other language. Accordingly, the Panel has no difficulty in finding that the Respondent has no rights or legitimate interests in respect of the disputed domain name "arcelormittalmedia.com".
Finally, Complainant points to the fact, and the Panel agrees with this line of argumentation, that using the disputed domain name, which is confusingly similar to the Complainant's ArcelorMittal trademark, in order to generate PPC commissions by hyperlinking to active websites of Complainant's competitors on the steel market is a clear indication that the disputed domain name was registered and is used by the Respndent intentionally attempting to attract, for commercial gain, Internet users to said website, by creating a likelihood of confusion with Complainant's ArcelorMittal trademark as to the source, sponsorship, affiliation, or endorsement of Respondent's website. Such circumstances shall be evidence of registration and use of the disputed domain name in bad faith within the meaning of paragraph 4(b)(iv) of the Policy.
|