{ "case_number": "CAC-UDRP-102436", "time_of_filling": "2019-04-08 12:42:19", "domain_names": [ "mittal-steel.pro" ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ "ARCELORMITTAL (SA)" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Larisa Lebedeva" ], "respondent_representative": null, "factual_background": "Domain name is confusingly similar to the protected mark.\r\nThe manner in which the domain name is confusingly similar to the protected mark:\r\ni. Phonetically similar\r\nii. Optical similarity\r\niii. Conceptual\/intellectual similarity\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s trademarks MITTAL® and MITTAL STEEL®. Indeed, the trademarks are included in its entirety. \r\n\r\nThe Complainant contends that the hyphen is not sufficient to distinguish the disputed domain name from the Complainant’s trademark. Besides, the TLD is generally disregarded under the first element confusing similarity test. ", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided 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).\r\n\r\nThis is thus a clear case of \"typosquatting“, i.e. the disputed domain name contains an obvious misspelling of the Complainant’s trademark. It is also well established that the specific top level of a domain name such as “.com”, “.org” or “.net” does not affect the domain name for the purpose of determining whether it is identical or confusingly similar.\r\n\r\nPrevious panels have found that the slight spelling variations does not prevent a domain name from being confusingly similar to the complainant’s trademark. \r\n\r\nSimple exchange or adding of letters or the hyphen in this case is not a sufficient element to escape the finding that the disputed domain name is confusingly similar to the complainant’s trademarks and domain names.", "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).\r\n\r\nThe Complainant contends that the Respondent is not affiliated with him nor authorized by him in any way to use his trademarks in a domain name or on a website. The Complainant does not carry out any activity for, nor has any business with the Respondent.", "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).\r\n\r\nGiven the distinctiveness of the trademark and the content of the website, it is clear that the Respondent has registered the disputed domain name with knowledge of the Complainant and its trademark.\r\n\r\nIn addition, the disputed domain name is not used for any bone fide offerings. More particularly, there are present circumstances indicating that the Respondent has registered or acquired the disputed domain name probably for the purpose of selling, renting, or otherwise transferring the disputed domain name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of Complainant.\r\n\r\nMoreover, this disputed domain name resolves to a website regarding cryptocurrency, allegedly operated by the company “Mittal Steel”. At the bottom of the website, it is said that the company is registered under the number 11251999. However, the company registered under this number is named “CRYPTO ARBITRAGE EDUCATION CLUB LTD”. The Complainant contends that the Respondent uses the disputed domain name to attract the Internet users by creating a likelihood of confusion between the disputed domain name and the Complainant’s trademark for its commercial gain. Consequently, the Complainant asserts that it does not represent a bona fide offering of goods or services pursuant to Policy Paragraph 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy Paragraph 4(c)(iii).\r\n\r\nAll these elements lead to the conclusion that the Respondent has intentionally attempted to attract Internet users to the Respondent's website for commercial gain by creating a likelihood of confusion with the Complainant's trademark as to the source, sponsorship, affiliation, or endorsement of such websites.", "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": [ "Dr. Vít Horáček" ], "date_of_panel_decision": "2019-05-14 00:00:00", "informal_english_translation": "ARCELORMITTAL S.A. (the Complainant) is a company specialized in steel producing in the world (please see their website at: ).\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 is the owner of several trademark containing the term “MITTAL”, such as the international trademark n° 1198046 MITTAL® registered on December 5th, 2013 and the European trademark n° 4233301 MITTAL STEEL® registered since January 7th, 2005.\r\n\r\nThe Complainant also owns numerous domain names portfolio containing the same wording MITTAL®, such as the domain name registered since January 3rd, 2003.\r\n\r\nThe disputed domain name was registered on April 2nd, 2019, and currently resolve to a website regarding cryptocurrency.", "decision_domains": { "MITTAL-STEEL.PRO": "TRANSFERRED" }, "panelist": null, "panellists_text": null }