{
    "case_number": "CAC-UDRP-101542",
    "time_of_filling": "2017-05-19 08:48:21",
    "domain_names": [
        "arcelorm1ttal.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ArcelorMittal (Société Anonyme)"
    ],
    "complainant_representative": "Nameshield (Anne Morin)",
    "respondent": [
        "Karen  Burney"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant states that 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 more than 60 countries. Additionally, it holds sizable captive supplies of raw materials and operates extensive distribution networks\r\n\r\nThe Complainant states it is the owner of the international trademark n°947686 \"ARCELORMITTAL\" registered on\r\nAugust 3, 2007.\r\n\r\nThe Complainant also owns an important domain names portfolio, including the same distinctive wording\r\n\"ARCELORMITTAL\".\r\n\r\nThe disputed domain name was registered on May 11, 2017 by Karen Burney, the Respondent.\r\n\r\nThe website in relation with the disputed domain name resolved, at the time of the filing of the Complaint, to a parking page with pay per click links.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings between the parties to this dispute or relating to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nI. The disputed domain name is confusingly similar to the protected mark.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark ARCELORMITTAL®.\r\n\r\nThe replacement of the letter “i” by the number one \"1\" is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark and branded goods ARCELORMITTAL®. This is a case of typo-squatting.\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.\r\n\r\nII. The Respondent does not have any rights or legitimate interest in the disputed domain name.\r\n\r\nAccording to the WIPO case no. D2003-0455 Croatia Airlines d. d. v. Modern Empire Internet Ltd., the Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the domain name. If the Respondent fails to do so, the Complainant is deemed to have satisfied paragraph 4(a) (ii) of the Policy.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with him nor authorized by him in any way to use the trademark ARCELORMITTAL®. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name and that he is not related in any way to the Complainant’s business.\r\n\r\nThe website in relation with the disputed domain name resolved, at the time of the filing of the Complaint, to a parking page with pay per click links. \r\n\r\nThe Complainant asserts that a fraudulent e-mail with a request for an “urgent invoice payment” has been sent using the disputed domain name and the name of Aditya Mittal, CFO of ArcelorMittal and CEO of ArcelorMittal Europe. In consequence, the Complainant asserts that the disputed domain name was created for the purpose of creating a fraudulent e-mail address with the intention of creating likelihood of confusion in order to cause undue payment.\r\n\r\nThe Complainant asserts that this consists in a case of scamming. Please see for instance: WIPO D2014-1387 Tetra\r\nLaval Holdings & Finance S.A. v. VistaPrint Technologies Ltd.\r\n\r\nThe Complainant claims that the Respondent has no rights or legitimate interests to the disputed domain name.\r\n\r\nIII. The disputed domain name has been registered and is being used in bad faith.\r\n\r\nThe Complainant states that the disputed domain name was created for the purpose of creating a fraudulent e-mail address with a request for an “urgent invoice payment”, by using the name of Aditya Mittal, CFO of ArcelorMittal and CEO of ArcelorMittal Europe. Thereby, the Complainant believes that the use of the disputed domain name for “scamming” activities, as well as identity theft. Both of these are indication of bad faith, since such practice could seriously harm Complainant’s interests, according to the Complainant.\r\n\r\nPlease see for instance: WIPO D2014-1387 Tetra Laval Holdings & Finance S.A. v. VistaPrint Technologies Ltd.\r\n\r\n\r\n\r\nRESPONDENT: 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.",
    "decision": "Accepted",
    "panelists": [
        "Rodolfo Carlos Rivas Rea"
    ],
    "date_of_panel_decision": "2017-06-23 00:00:00",
    "informal_english_translation": "The Complainant owns a trademark registration for the word trademark \"ARCELORMITTAL\", under International registration No. 947686 dated August 3, 2007.",
    "decision_domains": {
        "ARCELORM1TTAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}