{
    "case_number": "CAC-UDRP-102212",
    "time_of_filling": "2018-10-30 09:24:52",
    "domain_names": [
        "arcelormiittals.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ArcelorMittal (SA)"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Verne Inc"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a company specialising in producing steel across the world, and notably in the United States of America. The Complainant refers to their website at www.arcelormittal.com.\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\nThe Complainant owns various trade marks which include the words ARCELORMITTAL. The Complainant is also the owner of many Internet domain names which include the words ARCELORMITTAL.\r\n\r\nThe Domain Name was registered on was registered on 24 October 2018 and resolves to parked webpage with a link to a webpage advertising services of ‘Zoho Sites’.\r\n\r\nThe Complainant argues that the Domain Name is confusingly similar to its registered trade marks for ARCELORMITTAL. It points out that the addition of the letters I in the middle of the word MITTAL and the letter S at the end of that word, together with the .COM suffix, are not sufficient to escape the finding by the Panel of confusing similarity.\r\n\r\nThe Complainant states that this is a clear case of \"typosquatting\", where the Domain Name is an obvious misspelling of the Complainant's ARCELORMITTAL trade mark. Typosquatting is the practice of registering a domain name in an attempt to take advantage of Internet users’ typographical errors and can be evidence of a respondent's lack of rights and legitimate interests in the Domain Name.\r\n\r\nThe Complainant has no relationship with the Respondent. The Respondent has no rights or legitimate interests in the Domain Name. They are not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorisation has been granted to the Respondent to make any use of the Complainant’s ARCELORMITTAL trade mark, or to apply for registration of the disputed Domain Name by the Complainant.\r\n\r\nFurther, the Domain Name resolves to a parked webpage with a link to a webpage advertising services of ‘Zoho Sites’. The Respondent has not made any use of Domain Name since its registration, and the Complainant argues that the Respondent has no demonstrable plan to use the Domain Name. It argues this demonstrates a lack of legitimate interests in respect of the Domain Name.\r\n\r\nAccordingly the Complainant contends that the Respondent has no right or legitimate interest in respect of the Domain Name.\r\n\r\nFurther, the Complainamt argues the Domain Name has been registered and is being used in bad faith.\r\n\r\nBy registering the misspelling of the ARCELORMITTAL trade mark, the Complainant argues that the Domain Name was intentionally registered to be confusingly similar to the Complainant's trade mark. Given the distinctiveness of the Complainant's trade marks and reputation, it is reasonable to infer that the Respondent has registered the Domain Name with full knowledge of the Complainant's trade mark.\r\n\r\nThe Complainant refers to WIPO Case No. DCO2018-0005, ArcelorMittal SA v. Tina Campbell “The Panel finds that the trademark ARCELORMITTAL is so well-known internationally for metals and steel production that it is inconceivable that the Respondent might have registered a domain name similar to or incorporating the mark without knowing of it.”\r\n\r\nThe Domain name is a case of typosquatting. This is considered as a hallmark of bad faith under the Policy.\r\n\r\nThe Complainant concludes that the Respondent registered and is using the Domain Name in bad faith, referring to NAF Case No. 157321, Computerized Sec. Sys., Inc. v. Bennie Hu “The Panel finds that Respondent’s registration and use of a domain name that differs from Complainant’s mark by only one letter indicates “typosquatting”, which is evidence of bad faith registration and use.”\r\n\r\nFinally, failure to make active use of a disputed domain name is evidence of bad faith.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name <ARCELORMIITTALS.COM> (the '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 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 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 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 the UDRP were met and there is no other reason why it would be inappropriate to provide a decision. \r\n\r\nThe Complainant first filed its Complaint in relation to the Domain Name with the Czech Arbitration Court on 26 October 2018. In its complaint the Complainant did not state who the Respondent was due to a privacy shield being in place. However, following a request by the CAC for Registrar Verification, the identity of the registrant was named by the Registrar to be Verne Inc, based in Newcastle, WA, USA. \r\n\r\nThe Complainant filed an amended complaint and the CAC formally commenced proceedings on 30 October 2018. The Respondent was notified accordingly.\r\n\r\nThe Respondent failed to submit a Response within the time frame required in this Complaint, or at all, and a Notification of Respondent’s Default was therefore issued by the Czech Arbitration Court on 21 November 2018.\r\n\r\nHaving received a Statement of Acceptance and Declaration of Impartiality, the Czech Arbitration Court appointed Steve Palmer of Palmer Biggs IP Solicitors as the Panel in these UDRP proceedings.",
    "decision": "Accepted",
    "panelists": [
        "Steve Palmer"
    ],
    "date_of_panel_decision": "2018-12-10 00:00:00",
    "informal_english_translation": "ARCELORMITTAL S.A. (the 'Complainant') is the owner of numerous registered trade marks for ARCELORMITTAL, including registrations in the United States of America in various classes.",
    "decision_domains": {
        "ARCELORMIITTALS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}