{
    "case_number": "CAC-UDRP-100553",
    "time_of_filling": "2013-02-07 12:30:50",
    "domain_names": [
        "arcelormittalcement.com",
        "arcelormittalindia.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "ArcelorMittal SA"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Arcelor Mittal Cement LTD"
    ],
    "respondent_representative": "Arcelor Mittal Cement LTD",
    "factual_background": "Complainant has asserted the following facts (reproduced below as set forth verbatim in the Complaint) that have not been contested by the Respondent:\r\n\r\nThe Complainant 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.\r\n\r\nIt holds sizeable captive supplies of raw materials and operates extensive distribution networks. In 2011 the CNN Fortune Global 500 World’s Biggest Companies ranked the Complainant on the74th position in the world.\r\n\r\nThe Complainant owns and communicates on the Internet through various websites worldwide. The main one is “www.arcelormittal.com” (registered on 21\/01\/2006), but the Complainant has also registered domain names similar to trademark “ARCELORMITTAL” such as:\r\n\r\narcelor.com registered on 29\/08\/2001\r\narcelor.net registered on 03\/09\/2001\r\narcelormittal.net registered on 25\/06\/2006\r\narcelormittal.info registered on 25\/06\/2006\r\narcelormittal.org registered on 18\/09\/2011\r\narcelormittal.biz registered on 25\/06\/2006\r\narcelormittal.us registered on 22\/12\/2006\r\narcelormittal.in registered on 28\/06\/2006\r\n\r\n...\r\n\r\nIndeed, the Respondent created a company called « Arcelor Mittal Cement limited » on 31\/07\/2012 The Respondent has attempted to create a risk of confusion between the name of its company and the Complainant….  On the contrary, the Complainant contends that the Respondent registered « Arcelor Mittal Cement limited » in purpose of disrupting the Complainant’s business.\r\n\r\nThe Complainant contends that the domain names are confusingly similar to its trademarks “ARCELORMITTAL” .The Complainant confirms that the Respondent has no rights or legitimate interests in respect of the domain names and he 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, or apply for registration of the disputed domain names by the Complainant.\r\n\r\n...\r\n\r\nAccording the website (www.arcelormittalcement.com), the Respondent markets its products within the trademark « AMFORCE CEMENT »...\r\n\r\nBut the Complainant asserts that no trademark « AMFORCE CEMENT » has been registered by the Respondent.\r\n\r\n...\r\n\r\nThe Complainant contends that the disputed domain names are confusingly similar to its trademark « ARCELORMITTAL » (which is incorporated in its entirety), and the addition of terms « cement » or « India » gives the impression that the domain names are related to the Complainant.\r\n\r\nThe Complainant contends that the Respondent registered the domain names only in purpose of using the notoriety of the Complainant to divert the Internet Users. Moreover, the Respondent explains that its company sells products « AMFORCE CEMENT » but no products (except the information from Respondent’s website) or trademark have been marketed.\r\n\r\nTherefore, the Complainant contends that the Respondent registered the domain names in bad faith by using the domain name, the Respondent have intentionally attempted to attract, for commercial gain, Internet users to your website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your website or location or of a product or service on your website or location.",
    "other_legal_proceedings": "The Panel is not aware of any pending or decided legal proceedings that relate to the disputed domain name.",
    "no_response_filed": "No administratively compliant Response has been filed.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Names are 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 Domain Names (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Names have been registered and are 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.",
    "decision": "Accepted",
    "panelists": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2013-03-26 00:00:00",
    "informal_english_translation": "Complainant states that it is the owner of \"several trademarks in word or in word\/logo\" and has provided as an annex documentation for Madrid Reg. No. 947686 for the mark ARCELORMITTAL; and U.S. Reg. No. 3,643,643 for the mark ARCELORMITTAL for use in connection with, inter alia, \"[c]ommon metals and their alloys\" (priority date May 25, 2007; registered on June 23, 2009).",
    "decision_domains": {
        "ARCELORMITTALCEMENT.COM": "TRANSFERRED",
        "ARCELORMITTALINDIA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}