{ "case_number": "CAC-UDRP-102953", "time_of_filling": "2020-03-05 09:28:06", "domain_names": [ "acerlormittalsa.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ARCELORMITTAL (SA)" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Domain Resellers" ], "respondent_representative": null, "factual_background": "The Complainant, ARCELORMITTAL, is a company incorporated in Luxembourg and engaged in steel production. It is the largest steel producing company in the world. \r\n\r\nThe Complainant is the owner of the international trademark No. 947686 ARCELORMITTAL registered on August 3, 2007.\r\n\r\nThe Complainant also owns numerous domain names including which it uses in its business.\r\n\r\nThe disputed domain name was registered on February 26, 2020. The website to which the disputed domain name resolves currently displays a “Coming Soon” message.\r\n\r\nThe Complainant is concerned that the disputed domain name damages its trademark and diminishes its high public reputation built up over many years and consequently it wishes to have the disputed domain name transferred to itself.\r\n\r\nThe Respondent did not file a Response to the proceeding.\r\n\r\n\r\n\r\n\r\n\r\n", "other_legal_proceedings": "None of which the Panel is aware.", "no_response_filed": "CONTENTIONS OF THE PARTIES\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant made the following contentions.\r\n\r\n1. CONFUSING SIMILARITY BETWEEN THE DISPUTED DOMAIN NAME AND THE TRADEMARK \r\n\r\nThe Complainant submits that the disputed domain name which was registered by the Respondent on February 26, 2020 is confusingly similar to its trademark ARCELORMITTAL.\r\n\r\nThat is so because the domain name incorporates the entirety of the ARCELORMITTAL trademark in the domain name. \r\n\r\nMaking minor spelling alterations to the trademark as the Respondent has done in this case do not avoid a finding of confusing similarity to a trademark. Nor does the addition in this case of the letters 'sa' at the end of the disputed domain name which stand for societe anonyme and which merely indicate that the subject of the disputed domain name is a company.\r\n\r\nIt is well established that TLDs may typically be disregarded in the assessment under paragraph 4(a)(i) of the Policy when comparing disputed domain names and trademarks. \r\n\r\nPast panels have already confirmed the Complainant’s rights in the ARCELORMITTAL mark, especially in cases of typosquatting.\r\n\r\nConsequently, the disputed domain name is confusingly similar to Complainant’s trademark ARCELORMITTAL.\r\n\r\n\r\n2. RIGHTS AND LEGITIMATE INTERESTS \r\n\r\nThe Respondent does not have any rights or legitimate interests in the disputed domain name.\r\n\r\nThe Complainant is obliged only to make out a prima facie case and then the onus of proof moves to the Respondent to disprove it.\r\n\r\nIn support thereof, the Complainant contends that the Respondent is not commonly known by the disputed domain name. \r\n\r\nThe Respondent is not related in any way to the Complainant, nor does it carry out any activity for, or have any business association with the Complainant. \r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ARCELORMITTAL, or to apply for registration of the disputed domain name by the Respondent.\r\n\r\nThe website to which the domain name resolves displays only a “Coming Soon” message.\r\n\r\nRespondent has not made any use of disputed domain name since its registration, and Respondent has no demonstrable plan to use the disputed domain name. This demonstrates a lack of legitimate interests in respect of the disputed domain name.\r\n\r\n\r\n3. REGISTRATION AND USE IN BAD FAITH\r\n\r\nThe disputed domain name has been registered and is being used in bad faith.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its distinctive trademark ARCELORMITTAL. Moreover, the Complainant’s trademark ARCELORMITTAL is widely known and past UDRP panels have confirmed its notoriety. Besides, the Respondent chose to add the abbreviation “SA”, for “Société Anonyme” (i.e. the Complainant’s corporate form) to the term ACERLORMITTAL, a typo-squatted version of the Complainant’s trademark.\r\n\r\nIt is therefore reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant's trademark.\r\n\r\nFurthermore, the website to which the disputed domain name resolves is currently inactive and MX servers are configured. The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. Indeed, the disputed domain name is configured with MX records that allow it to be used to send e-mails that Internet users could well assume were sent by the Complainant.\r\n\r\nThus, Respondent has registered and is using the disputed domain name in bad faith. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not file a Response in this proceeding.", "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": [ "The Hon. Neil Brown, QC" ], "date_of_panel_decision": "2020-04-03 00:00:00", "informal_english_translation": "The Complainant is the owner of International trademark No.947686 for ARCELORMITTAL registered on August 3, 2007 (hereinafter referred to as \"the ARCELORMITTAL trademark\").\r\n\r\nThe Respondent registered the disputed domain name on February 26, 2020.", "decision_domains": { "ACERLORMITTALSA.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }