{ "case_number": "CAC-UDRP-100831", "time_of_filling": "2014-07-07 11:09:58", "domain_names": [ "arcel0rmittal.com" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "ARCELORMITTAL S.A." ], "complainant_representative": "Nameshield (Anne Morin)", "respondent": [ "Anton M Bahtin" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nThe Complainant, ARCELORMITTAL S.A., 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 over 60 countries. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.\r\n\r\nThe Complainant is the owner of the international trademark ARCELORMITTAL n°947686 registered on August 3, 2007.\r\n\r\nThe Complainant also owns several domain names, including the trademark ARCELORMITTAL, such as , or .\r\n\r\nThe disputed domain name was registered on January 30, 2014. \r\n\r\nOn June 19, 2014, a cease-and-desist letter has been sent to the Respondent, but the Respondent did not reply. \r\n\r\nThe Complainant initiated a UDRP action on July 7, 2014. \r\n\r\nThe Respondent failed to respond to the complaint before the official deadline. On July 30, 2014, the Czech Arbitration Court declared him in default, in accordance with the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) and the CAC’s UDRP Supplemental Rules of the Czech Arbitration Court (the Supplemental Rules), and advised him accordingly.\r\n\r\nAs no administratively compliant Response has been filed in this case, a simplified decision is due.\r\n\r\nHowever, the Respondent made an offer to negotiate the transfer of the contested domain name. A 10-day suspension was requested by the Complainant to follow up on these negotiations. \r\n\r\nAs the negotiations did not succeed, the proceedings were resumed on August 7, 2014. \r\n\r\nCurrently, the website attached to is inactive. \r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark ARCELORMITTAL.\r\n\r\nAccording to the Complainant, the replacement of the letter “O” by the number zero \"0\" is not sufficient to escape the finding that the domain name is confusingly similar to the trademark and branded goods ARCELORMITTAL. This is a clear case of typosquatting. \r\n\r\nFurthermore, the Complainant contends that the addition of the gTLD “.com” does not change the overall impression of the designation as being connected to the trademarks of the Complainant. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated. \r\n\r\nSo the disputed domain name is confusingly similar to the Complainant’s trademark.\r\n\r\nThe Complainant claims that the Respondent has no rights or legitimate interests in respect of the domain name. Neither license nor authorization has been granted by the Complainant to the Respondent to make any use, or apply for registration of the disputed domain name.\r\n\r\nAccording to the Whois information, the Respondent is \"Anton M Bahtin\". Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name (NAF - FA699652 - Braun Corp. v. Loney; NAF - FA139720 - Tercent Inc. v. Lee Yi).\r\n\r\nThe website in relation to the disputed domain name provides a web page with the Complainant's figurative trademark, the caricature of the Complainant's CEO Lakshmi Mittal, together with the following link: antonygallery@gmail.com. This shows the lack of legitimate interest of the Respondent on the disputed domain name. \r\n\r\nFinally, the Complainant states the Respondent did not reply to the cease-and-desist letter sent to him. \r\n\r\nAccordingly, the Respondent has no rights or legitimate interests to the disputed domain name.\r\n\r\nGiven the distinctiveness of the Complainant's trademark and reputation, the Complainant claims that the Respondent has registered the domain name with full knowledge of the Complainant's marks and uses it for the purpose of misleading and diverting Internet traffic.\r\n\r\nMoreover the Complainant contends, that the Respondent could not have ignored the ARCELORMITTAL trademark because its website provides a page with the Complainant's figurative trademark and the caricature of the Complainant's CEO Lakshmi Mittal. \r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\nThe Complainant therefore requests for transfer of the disputed domain name.\r\n\r\n\r\nRESPONDENT:\r\nNo response was filed by the Respondent. \r\n", "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).", "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).", "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).", "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": [ "Nathalie Dreyfus" ], "date_of_panel_decision": "2014-08-21 00:00:00", "informal_english_translation": "The Complainant has established that he had prior rights in the international trademark ARCELORMITTAL. ", "decision_domains": { "ARCEL0RMITTAL.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }