Case number | CAC-UDRP-101733 |
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Time of filing | 2017-10-17 08:36:25 |
Domain names | arcelorimttal.com |
Case administrator
Name | Aneta Jelenová (Case admin) |
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Complainant
Organization | ArcelorMittal |
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Complainant representative
Organization | Nameshield (Laurent Becker) |
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Respondent
Name | David Nixon |
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Other Legal Proceedings
The Panel is not aware of any other proceedings relating to the disputed domain name.
Identification Of Rights
The Complainant is the proprietor of the trademark ArcelorMittal registered as an international mark under no. 947686 in numerous jurisdictions in international classes 6, 7, 9, 12, 19, 21 and 39-42.
Factual Background
The Complainant's group is a leading multinational manufacturer of steel products sold under its registered mark "ArcelorMittal" in numerous countries around the world. Apart from the gTLD suffix, the disputed domain name is a mis-spelling of the Complainant's mark, from which it differs only in the reversal of the order of two of the letters. The disputed domain name resolves to an essentially blank web page.
Parties Contentions
No administratively compliant Response has been filed.
Rights
The Complainant has, to the satisfaction of the Panel, shown the disputed 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).
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 disputed domain name (within the meaning of paragraph 4(a)(ii)of the Policy).
Bad Faith
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).
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
This is a case of typo-squatting. The Respondent had no reason to register the disputed domain name except in bad faith to pursue some scam based on the confusing similarity of the disputed domain name to the Complainant's registered mark. The Respondent's holding the domain name threatens such a scam and constitutes a passive use of it in bad faith.
For all the reasons stated above, the Complaint is
Accepted
and the disputed domain name(s) is (are) to be
- ARCELORIMTTAL.COM: Transferred
PANELLISTS
Name | Jonathan Turner |
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Date of Panel Decision
2017-11-27
Publish the Decision