{
    "case_number": "CAC-UDRP-102399",
    "time_of_filling": "2019-03-20 10:43:01",
    "domain_names": [
        "arcelormittalmx.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "acero"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\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. \u2028\r\nIt is the owner of international trademark No. 947686 ArcelorMittal, registration date – August 03, 2007 and is also the owner of several domain names that include the ArcelorMittal trademark, such as <arcelormittal.com>.\r\nThe disputed domain name was registered on March 13, 2019 and resolves to a website displaying the Complainant’s trademark and information regarding the Complainant and its activities in Mexico.\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark since it includes the Complainant's trademark in its entirety.\r\nThe Complainant contends that the addition of the geographic abbreviation “MX” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark of the Complainant. \r\nThe addition of the term “MX”, which is the abbreviation for Mexico, increases the likelihood of confusion between the disputed domain name and the Complainant’s trademark. The Complainant is present in Mexico. \r\nBesides, previous UDRP decisions have confirmed the Complainant’s rights.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME\r\n\r\nThe Complainant asserts that the Respondent is not known under the disputed domain name. The Respondent has no rights or legitimate interests in respect of the disputed domain name and 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\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name. \r\nThe disputed domain name resolves to a website which looks like the official website of the Complainant. The Complainant’s trademark is used on the website under the disputed domain name, and the Respondent identifies itself as “ARCELORMITTAL MEXICO”, established at the address: “Francisco J. Múgica 1, 60953 Ciudad Lázaro Cárdenas, Michoacán de Ocampo, Mexico”, which is similar to the official address of the Complainant’s office in Mexico. Thus, as the Complainant contends, the registrant tries to pass off as an affiliate of the Complainant in Mexico for commercial gain. Therefore, the Respondent is not using the disputed domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use. \r\n\r\nTHE DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nAccording to the Complainant, its trademark is widely known and the Complainant refers to previous UDRP decisions recognizing this fact. \u2028\r\nThe disputed domain name resolves to a website which displayed the Complainant’s trademark and where the Respondent identified itself as “ARCELORMITTAL MEXICO”. Therefore, it confirms that the Respondent knew about the Complainant and its rights. \u2028\r\nGiven the distinctiveness of the Complainant's trademark and reputation and the fact exposed above, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark. \r\nSince the disputed domain name resolves to a website which displays the Complainant’s trademark and where the Respondent identifies itself as “ARCELORMITTAL MEXICO”, the Complainant contends that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of the web site. \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.\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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2019-04-22 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the trademark:\r\n\r\n-\tArcelorMittal (word), International Registration No. 947686, registered on August 03, 2007.\r\n",
    "decision_domains": {
        "ARCELORMITTALMX.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}