{
    "case_number": "CAC-UDRP-101955",
    "time_of_filling": "2018-04-11 10:38:33",
    "domain_names": [
        "arceloramittal.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ArcelorMittal (SA)"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Repossessed by Go Daddy"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a international company engaged in steel production  and it is the largest steel producing company in the world. \r\n\r\nThe Complainant is the registered owner of International trademark No. 947686 for ARCELORMITTAL, which was registered on August 3, 2007 (“the ARCELORMITTAL trademark”).\r\n\r\nThe Complainant is also the owner of several registered domain names that include the ARCELORMITTAL  trademark and which it uses in its business, including <arcelormittal.com>.\r\n\r\nThe Complainant has been concerned about the registration and use by the Respondent of the disputed domain name  <arceloramittal.com>. \r\n\r\nThe disputed domain name was registered by the Respondent on March 7, 2018 and resolves to an internet parking page with commercial links in relation to the Complainant and competitors of the Complainant.\r\n\r\n Accordingly, the Complainant has filed this Complaint in which it seeks the transfer of the disputed domain name from the Respondent to itself.  \r\n",
    "other_legal_proceedings": "None of which the Panel aware.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nComplainant made the following contentions.\r\n\r\nIDENTITY OR CONFUSING SIMILARITY OF THE DISPUTED DOMAIN NAME WITH THE TRADEMARK\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s ARCELORMITTAL trademark. The ARCELORMITTAL trademark is included in the disputed domain name in its entirety with only the letter “a“ added.\r\n\r\nThe addition of the letter “a” and the generic Top-Level Domain (“gTLD”) suffix “.com” does not change the overall impression of the designation as being connected to the Complainant‘s ARCELORMITTAL trademark. It also does not prevent the likelihood of confusion between the disputed domain name and the ARCELORMITTAL trademark. \r\n\r\nPrior UDRP decisions have confirmed the proposition that slight spelling variations to a trademark do not prevent a finding of confusing similarity. \r\n\r\nThus, the disputed domain name is confusingly similar to a trademark in which the Complainant has rights. \r\n\r\nRIGHTS AND LEGITIMATE INTERESTS\r\n\r\nThe Respondent does not have any rights or legitimate interests in the disputed domain name.\r\n\r\nThe Complainant must first 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 disputed 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 Respondent has no rights or legitimate interests in respect of the disputed domain name and it is not related in any way to the Complainant’s business. \r\n\r\nThe Respondent is not affiliated with the Complainant or authorized by it in any way to use the ARCELORMITTAL trademark.\r\n\r\nThe website to which the disputed domain name resolves displays commercial links in relation to the Complainant.\r\n\r\nThe Complainant submits several prior UDRP decisions that support the above contentions.\r\n\r\nAccordingly, the Respondent has no rights or legitimate interests in the disputed domain name.\r\n\r\nREGISTRATION AND USE IN BAD FAITH\r\n\r\nThe disputed domain name has been registered and is being used in bad faith. The disputed domain name is confusingly similar to the ARCELORMITTAL trademark. The disputed domain name is a clear case of typosquatting, a hallmark of bad faith.\r\n\r\nThe disputed domain name points to a parking page with commercial links (“PPC”) in relation to the Complainant and its competitors. Thus, the Complainant contends that the Respondent registered the disputed domain name primarily for the purpose of disrupting the business of a competitor.\r\n\r\nUnder paragraph 4(b)(iv) of the Policy, bad faith may be shown by evidence that \"By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site 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 Registrant’s web site or location or of a product or service on that web site or location.\" The facts of the case bring it within that provision.\r\n\r\nAccordingly, the Respondent registered and used the disputed domain name in bad faith.\r\n\r\n\r\nRESPONDENT:\r\nThe Respondent did not submit a Response in this proceeding.",
    "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": [
        "The Hon. Neil Brown, QC"
    ],
    "date_of_panel_decision": "2018-05-20 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of International trademark No. 947686 for ARCELORMITTAL, which was registered on August 3, 2007 (“the ARCELORMITTAL trademark”).",
    "decision_domains": {
        "ARCELORAMITTAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}