{
    "case_number": "CAC-UDRP-103303",
    "time_of_filling": "2020-09-23 09:46:47",
    "domain_names": [
        "aperarn.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "APERAM S.A."
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Miller Dereck"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a global player in stainless steel and is also a leading producer of high value-added specialty products, including electrical steel and nickel alloys. It operates in six production facilities located in Brazil, Belgium and France and features a highly integrated network 14 Steel Service Centers, 8 transformation facilities and 20 sales offices. It also owns numerous domain names including its APERAM mark and operates a website at its main domain name <aperam.com>.\r\n\r\n",
    "other_legal_proceedings": "There are no other legal proceedings related to the disputed domain name. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n\r\nComplainant's Contentions\r\n\r\nThe Complainant asserts that it owns registered trade mark rights in its APERAM trade mark and that this is a clear case of typosquatting and that the disputed domain name contains an obvious misspelling of the Complainant’s trade mark. It notes that typosquatting is the practice of registering a domain name in an attempt to take advantage of Internet users’ typographical errors and can be evidence that a respondent lacks rights and legitimate interests in the domain name as was the case in NAF Case No. 1597465, The Hackett Group, Inc. v. Brian Herns \/ The Hackett Group (“The Panel agrees that typosquatting is occurring, and finds this is additional evidence that Respondent has no rights or legitimate interests under Policy 4(a)(ii).”).\r\n\r\nAlthough the domain name now appears to be inactive, the Complainant notes that it has been set up with MX records which suggests that it may be actively used for e-mail purposes. This it says is also indicative of bad faith registration and use because any e-mail emanating from the disputed domain name could not be used for any good faith purpose. It notes in this regard CAC Case No. 102827 JCDECAUX SA v. Handi Hariyono (“There is no present use of the disputed domain name but there are several active MX records connected to the disputed domain name. It is concluded that it is inconceivable that the Respondent will be able to make any good faith use of the disputed domain name as part of an e-mail address.”).\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": [
        "Alistair Payne"
    ],
    "date_of_panel_decision": "2020-10-27 00:00:00",
    "informal_english_translation": "The Complainant owns various trade mark registrations for its APERAM trade mark including in particular United States trade mark registration for APERAM in logo form registered on 17 August 2011 and Canadian trade mark 1530566 for the APERAM word mark registered on 2 June 2014.",
    "decision_domains": {
        "APERARN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}