{
    "case_number": "CAC-UDRP-102186",
    "time_of_filling": "2018-10-10 13:52:04",
    "domain_names": [
        "aceromittal.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "ArcelorMittal (SA)"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "david lopez"
    ],
    "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 the market leader in steel for use in automotive, construction, household appliances and packaging with operations in more than 60 countries worldwide. The disputed domain name was registered on October 5, 2018 and resolves to a website which reproduces substantial parts (including official logo etc.) of the Complainant’s website in connection with its subsidiary in Mexico. Neither a license nor any authorization has been granted by the Complainant to the Respondent to make any use of the Complainant’s MITTAL trademark or to apply for registration of the disputed domain name.\r\n\r\nPlease see WIPO Case No. D2018-1770, Credit Mutuel Arkea v. Sun Xiao Cheng (“Under the circumstances of the present case, the term “bank” is a generic descriptive term as it applies to the areas of business of the Complainant. Therefore, this panel finds that the addition of the generic term “bank” does not prevent a finding that the disputed domain name is confusingly similar to the Complainant’s mark.”)\r\n\r\nPlease see FORUM Case No. 1649982, DramaFever Corp. v. olxhost c\/o olxhost (“Using the domain name in a manner designed to allow Respondent to pass itself off as Complainant is neither a bona fide offering of goods or services under Policy ¶ 4(c)(i), nor a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii).”)\r\n\r\nPast panels have confirmed the notoriety of the trademark MITTAL® in the following cases:\r\n-\tWIPO Case No. D2018-1086, ArcelorMittal S.A. v. Registrant of lakshmimittal.org, c\/o WHOIStrustee.com Limited \/ Zeus Holding Market Ltd. (\"The Domain Name wholly incorporates a well-known mark [MITTAL]”)\r\n-\tWIPO Case No. D2010-2049, Arcelormittal v. Mesotek Software Solutions Pvt. Ltd. (“the Complainant’s marks MITTAL and MITTAL STEEL have been widely used and are well-known.”)\r\n\r\nPlease see FORUM Case No. 1772179, Roundpoint Mortgage Servicing Corporation v. Rene Acevedo (“Further, Respondent had actual notice of Complainant’s rights before registering the disputed domain name: as already noted, Respondent’s logo on the resolving website is almost identical to Complainant’s logo on its own website, and the resolving website references Complainant by name. This is sufficient to demonstrate bad faith. »)",
    "other_legal_proceedings": "The Panel is not aware of any other proceedings, pending or decided, which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n\r\n\r\n\r\n\r\n",
    "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": [
        "Stephanie G. Hartung, LL.M."
    ],
    "date_of_panel_decision": "2018-11-14 00:00:00",
    "informal_english_translation": "The Complainant has evidenced to be the owner of the following trademark registration:\r\n\r\n- Word mark MITTAL, World Intellectual Property Organization (WIPO), Registration No.: 1198046, Registration Date: December 5, 2013, Status: Active.\r\n",
    "decision_domains": {
        "ACEROMITTAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}