{ "case_number": "CAC-UDRP-102201", "time_of_filling": "2018-10-26 11:13:59", "domain_names": [ "ARCELORMITTALPROMOS.COM" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ARCELORMITTAL S.A." ], "complainant_representative": "Nameshield (Laurent Becker)", "respondent": [ "Julie levi" ], "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 specialized in steel producing 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. \r\n\r\nIt holds sizeable captive supplies of raw materials and operates extensive distribution networks as it follows on their website at www.arcelormittal.com.", "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the disputed domain name. ", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR TO THE PROTECTED TRADEMARK COMBINED WITH GENERIC TERM IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s trademark ARCELORMITTAL®. The trademark ARCELORMITTAL is associated to the word “Promos”.\r\n\r\nThe Complainant contends that the addition of the generic term “PROMOS” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark ARCELORMITTAL. It does not change the overall impression of the designation as being connected to the Complainant’s trademark ARCELORMITTAL. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and the domain names associated. \r\n\r\nMoreover, the Complainant contends that the addition of the generic Top-Level Domain suffix “.com” does not change the overall impression of the designation as being connected to the trademark ARCELORMITTAL. It does not prevent the likelihood of confusion between the disputed domain names and the Complainant, its trademark and its domain names associated. \r\n\r\nThus, the Complainant was of the opinion that the disputed domain name is confusingly similar to Complainant’s trademark ARCELORMITTAL. This activity supports a finding of the confusing similarity of the disputed domain name in accordance with paragraph 4(a)(i) of the Policy. \r\n\r\nTHE RESPONDENT DOES NOT HAVE ANY RIGHTS OR LEGITIMATE INTEREST IN THE DISPUTED DOMAIN NAME\r\n \r\nThe Respondent diverted the consumers and concurrently the disputed domain name represents the tarnish of the trade mark of the Complainant.\r\n\r\nThe Complainant asserts that the Respondent is not known for the disputed domain name nor he has any site connection with the Complainant while the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name in accordance with paragraph 4(a)(ii) of the Policy. \r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH \r\n\r\nThe disputed domain name has been registered and is being in bad faith by attracting internet users for commercial gain by creating a likelihood of confusion with the Complainant. \r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its distinctive trademark ARCELORMITTAL.\r\n\r\nBy reproducing the Complainant’s well-known ARCELORMITTAL logo and attempting to offer branded unauthorized goods ARCELORMITTAL, the Respondent intentionally uses the disputed domain name to create a likelihood of confusion with such mark for the purpose of attracting customers to its website. Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark. \r\n\r\nThus, Complainant contends that Respondent has registered the disputed domain name and is still in use. This activity supports a finding of bad faith in accordance with paragraph 4(a)(iii) of the Policy.\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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": [ "JUDr. Vojtěch Trapl" ], "date_of_panel_decision": "2018-12-10 00:00:00", "informal_english_translation": "The Complainant is the owner among others of the international trademark n°947686 ARCELORMITTAL® registered on August 3, 2007 (WIPO).\r\n\r\nThe Complainant owns an important domain names portfolio, including the same distinctive wording ARCELORMITTAL®, such as the domain name registered since January 27, 2006 for goods and services in classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42.\r\n\r\nThe disputed domain name was registered on February 10, 2014. \r\n\r\nThe disputed domain name redirects to an online shop dedicated to the Complainant denominated as ArcelorMittal Personal Shop under the e-mail address AMorders@progressivepromotions.com.", "decision_domains": { "ARCELORMITTALPROMOS.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }