{ "case_number": "CAC-UDRP-102080", "time_of_filling": "2018-07-10 09:48:17", "domain_names": [ "lakshmimittal.ooo" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ArcelorMittal S.A." ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Ratnam Smart Business LLP" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant 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\nARCELORMITTAL is the successor of Mittal Steel, a business originally set up in 1976 by Mr Lakshmi N Mittal, chief executive officer and chairman of the board of directors. ARCELORMITTAL was created through the merger of ARCELOR and MITTAL STEEL in 2006.\r\n\r\nThe Disputed domain name was registered on June 14, 2018.\r\n\r\nThe Disputed domain name redirects to a parking page with commercial links related to the Complainant.\r\n\r\nThe Complainant contends that the Disputed domain name is confusingly similar to its trademark MITTAL and its domain name associated. The Disputed domain name includes the trademark MITTAL in its entirety. \r\n\r\nIn the view of Complainant the addition of the generic term “LAKSHMI” is not sufficient to avoid the likelihood of confusion with the Complainant’s trademark. \r\n\r\nFurthermore, the term \"LAKSHMI\" corresponds to the first name of the chairman and chief executive officer of the Complainant. Therefore, as prior panels have held, the Complainant contends that the addition of this word worsen the confusing similarity between a trademark and a domain name. \r\n\r\nMoreover, the Complainant contends the addition of the new gTLD \".OOO\" does not change the overall impression of the designation as being connected to the international trademark MITTAL of the Complainant. It does not prevent the likelihood of confusion between the Disputed domain name and the Complainant, its trademarks and its domain name associated. \r\n\r\nOn those facts, the Complainant contends that the Disputed domain name is confusingly similar to its trademark MITTAL. \r\n\r\nThe Complainant further states, that the Respondent does not have any rights or legitimate interest in the Disputed domain name, because of domain parking and because Respondent is not commonly known by \"lakshmimittal\". \r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. \r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark MITTAL, or apply for registration of the Disputed domain name by the Complainant.\r\n\r\nFurthermore, the Disputed domain name points to a parking page with commercial links (“PPC”) related to the Complainant. \r\n\r\nComplainant contends therefore that Respondent has no right or legitimate interest in respect of the Disputed domain name. \r\n\r\nThe Disputed domain name has in the view of Complainant also been registered and is being used in bad faith, because Respondent has registered a well-known\/famous trade mark and tries to attract internet users for commercial gain by creating a likelihood of confusion with the Complainant.\r\n\r\nGiven the distinctiveness of the Complainant's trademarks and reputation,Complainant believes, that it is reasonable to infer that the Respondent has registered the Disputed domain name with full knowledge of the Complainant's trademarks.\r\n\r\nMoreover, the Complainant also claims that the Respondent knew of Complainant's rights in the MITTAL trade mark prior to registration of the Disputed domain name since he chose to register a domain name which contains the first name of the chairman and chief executive officer of the Complainant. \r\n\r\nFurthermore, the website in connexion with the Disputed domain name is displaying a parking page with commercial links (\"PPC\") related to the Complainant. The Complainant contends the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks, which is an evidence of bad faith.\r\n\r\nThus, Complainant contends that Respondent has registered the Disputed domain name and is using it in bad faith. \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": "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": [ "Jan Christian Schnedler, LL.M." ], "date_of_panel_decision": "2018-08-13 00:00:00", "informal_english_translation": "The Complainant is the owner of the international trademark n°1198046 MITTAL registered on December 5, 2013.\r\n\r\nThe Complainant also owns a domain name portfolio including the word MITTAL such as the domain name registered since January 27, 2006, and the domain names incorporating the full name of Mr Lakshmi Mittal and the trademark MITTAL: , registered since January 31, 2006, and , registered since July 12, 2007.", "decision_domains": { "LAKSHMIMITTAL.OOO": "TRANSFERRED" }, "panelist": null, "panellists_text": null }