{
    "case_number": "CAC-UDRP-101550",
    "time_of_filling": "2017-05-24 09:17:35",
    "domain_names": [
        "arcelormittaldobrasil.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ArcelorMittal (Société Anonyme)"
    ],
    "complainant_representative": "Nameshield (Anne Morin)",
    "respondent": [
        "ANA LEONI KACHAK GONCALVES"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant asserts and provides evidentiary documentation of the following facts, which are not contested by the Respondent.\r\n\r\nThe Complainant is a multinational company specialized in steel manufacturing. It is the largest steel and mining 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. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.\r\n\r\nThe domain name <arcelormittaldobrasil.com> was registered on April 8, 2017 and has not been pointed to an active web site.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its distinctive and well-known trademark ARCELORMITTAL, since the addition of the geographic term \"DO BRASIL\" does not distinguish the disputed domain name from its trademarks.\r\n\r\nThe Complainant submits that the Respondent does not have any rights or legitimate interest in the disputed domain name because:\r\n\r\n- the Respondent is not affiliated with the Complainant, nor authorized to use in any way the ARCELORMITTAL trademark;\r\n\r\n- the Complainant does not carry out any activity for, nor has any business with the Respondent;\r\n\r\n- the Respondent is not commonly known by the disputed domain name, nor has any intellectual property rights regarding the expression ARCELORMITTAL;\r\n\r\n- the website in relation to the disputed domain name <arcelormittaldobrasil.com> is inactive since its registration and the Respondent could not have used the domain name without infringing Complainant's trademark rights.\r\n\r\nThe Complainant also states that the disputed domain name has been registered and is being used in bad faith for the following cumulative circumstances:\r\n\r\n- the Complainant's trademark ARCELORMITTAL is well-known worldwide and the Respondent has registered the domain name which is confusingly similar to such marks;\r\n\r\n- given the distinctiveness and reputation of the Complainant's trademarks, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the trademark;\r\n\r\n- the website in relation to the disputed domain name is inactive since its registration;\r\n\r\n- the domain name has been suspended because the Respondent has not responded to the ICANN verification.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name <ARCELORMITTALDOBRASIL.COM>.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and 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 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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2017-06-30 00:00:00",
    "informal_english_translation": "The Complainant relies on its company name, ARCELORMITTAL, and has sufficiently demonstrated to be owner of numerous trademarks, characterized by the distinctive term ARCELORMITTAL, registered worldwide (International word trademark ARCELORMITTAL no. 947686, registered on August 3, 2007 in classes 6, 7, 9, 12, 19, 21, 39, 40, 41, 42).\r\n\r\nIn Brazil, where the Respondent resides, the Complainant is owner of the following registered trademarks:\r\n\r\n- no. 829481591, filed on November 23, 2007 and registered on August 4, 2015 in class 19, claiming priority of the Benelux trademarks application and registration no. 1135957\r\n\r\n- no. 829481605, filed on November 23, 2007 and registered on december 23, 2014 in class 21, claiming priority of the Benelux trademarks application and registration no. 1135957\r\n\r\n- no. 829481540, filed on November 23, 2007 and registered on december 23, 2014 in class 12, claiming priority of the Benelux trademarks application and registration no. 1135957\r\n\r\n- no. 829481621, filed on November 23, 2007 and registered on december 23, 2014 in class 40, claiming priority of the Benelux trademarks application and registration no. 1135957\r\n\r\n- no. 829481516, filed on November 23, 2007 and registered on december 23, 2014 in class 6, claiming priority of the Benelux trademarks application and registration no. 1135957.",
    "decision_domains": {
        "ARCELORMITTALDOBRASIL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}