{ "case_number": "CAC-UDRP-101154", "time_of_filling": "2016-01-22 11:33:53", "domain_names": [ "arcelormittaluk.com" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "ARCELORMITTAL S.A." ], "complainant_representative": "Nameshield (Anne Morin)", "respondent": [ "Gluyag Paul" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a multinational steel manufacturing corporation 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\nThe disputed domain name was registered on December 24, 2015 with Whois privacy services.\r\n\r\n\r\nOn January 4, 2016, a fraudulent email has been sent from the address trastgeldi@harran.edu.tr to a potential job seeker. The sender pretends to be a Mr Andrew Morris being HR Executive from the company ArcelorMittal Group. In his email, he invited the recipient to send his CV\/Resume to the email address: career@arcelormittaluk.com.", "other_legal_proceedings": "The panel is not aware of any other pending or decided proceedings.", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its international trademark ARCELORMITTAL. The trademark is incorporated in its entirety in the disputed domain name.\r\n\r\nThe addition of the geographical generic abbreviation \"UK\" (for United Kingdom) is not sufficient to escape the finding that the domain name is confusingly similar to the trademark ARCELORMITTAL. \r\n\r\nOn the contrary, the addition of a geographic term renders the disputed domain name even more confusingly similar to the registered trademark because it causes an immediate association with the sales office of Complainant in the geographic area in question.\r\n\r\nFurthermore, the Complainant contends the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the international trademark ARCELORMITTAL of the Complainant. It does not prevent the likelihood if confusion between the disputed domain name and the Complainant, its trademark and its domain names associated. \r\n\r\nFinally, the wording “ARCELORMITTAL” is only known in relation with the Complainant. It has no meaning whatsoever in English or in any other language. \r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name . He is not related in any way with the Complainant.\r\n\r\nThe 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.\r\n\r\nThe website in relation with the disputed domain name has been inactive since its registration.\r\n\r\nHowever, on January 4, 2016, a fraudulent email was sent from the address trastgeldi@harran.edu.tr to a potential job seeker. The sender pretends to be a Mr Andrew Morris - HR Executive from the company ArcelorMittal Group. Since the sender is obviously not from the ArcelorMittal Group, this constitutes a case of identity theft. The Respondent could not pretend to have any legitimate right on the disputed domain name .\r\n\r\nMoreover, in his email, he invited the recipient to send his CV\/Resume to the email address: career@arcelormittaluk.com. Thus, the Complainant contends that the disputed domain name has been registered with the sole aim to create the fraudulent email address career@arcelormittaluk.com in order to attract potential job seekers. \r\n\r\nThe disputed domain name has been registered with Whois privacy services, which is another proof of the lack of legitimate interest of the Respondent.\r\n\r\nGiven the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the trademark ARCELORMITTAL. \r\n\r\nThe fact that the sender of the fraudulent email pretended to be a Mr Andrew Morris - HR Executive from the company ArcelorMittal Group confirms that the sender had knowledge of the Complainant’s when he registered the disputed domain name. \r\n\r\nMoreover, in his email, he invited the recipient to send his CV\/Resume to the email address: career@arcelormittaluk.com. Thus, the Complainant contends that the disputed domain name has been registered with the sole aim to create the fraudulent email address career@arcelormittaluk.com in order to attract potential job seekers and to impersonate the Complainant.\r\n\r\nIt is a clear case of scamming. Thereby, the Complainant believes that the use of the domain name for “scamming” activities is another indication of bad faith, since such practice could seriously harm Complainant’s interests. \r\n\r\nFinally, the website in relation with the disputed domain name has been inactive since its registration. As prior panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.\r\n\r\nOn these grounds, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\nNO 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).", "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": [ "Dietrich Beier" ], "date_of_panel_decision": "2016-03-02 00:00:00", "informal_english_translation": "The Complainant is the owner of the international registration 947686 ARCELORMITTAL registered on August 3, 2007.\u2028", "decision_domains": { "ARCELORMITTALUK.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }