{
    "case_number": "CAC-UDRP-102079",
    "time_of_filling": "2018-07-10 09:49:18",
    "domain_names": [
        "arcelormetals.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ArcelorMittal S.A."
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "FutureGreen, LLC"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\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 more than 60 countries. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.\r\n\r\nThe disputed domain name was registered on June 13, 2018.\r\n\r\nThe website in relation with the disputed domain name is on registrar parking page.\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that :\r\n\r\n1. The disputed domain name is confusingly similar to the Complainant's trademark.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark ARCELOR and its domain names.\r\n\r\nIn support of this claim, the Complainant refers to prior UDRP cases and affirms that it is a well-established\r\nprinciple that when a domain name wholly incorporates the Complainant's registered mark, the first requirementunder the UDRP shall be considered accomplished.\r\n\r\nFurther, the Complainant asserts that the addition of the term \"METALS\" is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant's trademark. In fact, the addition of the English word “METALS” increases the likelihood of confusion with the Complainant’s trademark and activity, because “METALS” refers to the Complainant’s activity. \r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by ARCELORMITTAL S.A. in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The 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 Complainant’s trademark ARCELOR, or apply for registration of the disputed domain name by the Complainant.\r\n\r\n3. The disputed domain name has been registered and is being used in bad faith.\r\n\r\nThe Complainant contends that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the trademark ARCELOR.\r\n\r\nThe Complainant asserts that the Respondent fails to make an active use at the disputed domain name, and that failure to make an active use of the disputed domain name is evidence of bad faith.\r\n\r\nThe Complainant further states that, by choosing to associate the term “ARCELOR” with the term “METALS”, which immediately refers to the Complainant activity, the Respondent was intentionally choosing a domain name that is confusingly similar to the Complainant’s trademark.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2018-08-09 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the international trademark n°778212 ARCELOR registered on February 25, 2002.\r\n\r\nThe Complainant also owns an important domain names portfolio, including the same distinctive wording ARCELOR, such as <arcelor.com> registered and used since August 29, 2001 and <arcelormetal.com> registered since March 17, 2015.",
    "decision_domains": {
        "ARCELORMETALS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}