{
    "case_number": "CAC-UDRP-104005",
    "time_of_filling": "2021-09-03 09:11:09",
    "domain_names": [
        "mittalgroupindia.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Mittal Group"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is the largest steel producing company in North and South America and Europe, and manufactures steel in 17 countries. With approximately 168,000 employees, and customers in 160 countries, the Complainant is the market leader in steel for use in automotive, construction, household appliances and packaging, with 71,5 million tonnes crude steel made in 2020.\r\n\r\nThe Complainant also owns a large domain name portfolio, including the trademark MITTAL, such as <mittalsteel.com>, registered in 2003, and <mittal-steel.com> registered in 2009.\r\n\r\nThe disputed domain name was registered on 28 August 2021 under the name Mittal Group. At the time of the filing of the Complaint, the disputed domain name resolved to a WordPress page template, displaying several references to the Complainant, including a photo of Mr. Ayay Mittal, founder and director of the Complainant, of two other unnamed individuals qualified as Managing Directors.  The website template also contained the trademark MITTAL GROUP OF INDUSTRIES, and a banner displaying the wording: \"Welcome to Mittal Group of Industries\", followed by a short description of the Mittal group's manufacturing unit in India and further information on the Mittal group companies and its directors (the three individuals mentioned above). After receiving from the CAC the contact information of the Respondent, the Complainant sent a warning letter, asking for the immediate transfer of the disputed domain name. Simultaneously, the Complainant contacted the CAC asking for a temporary suspension of the UDRP proceeding. However, as the Respondent failed to proceed with the transfer, although it discontinued the use of the disputed domain name, the Complainant contacted the CAC asking for the continuation of the proceeding.",
    "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\r\nThe Complainant's contentions are the following.\r\n\r\nThe disputed domain name is confusingly similar to its MITTAL mark, as it includes it in its entirety and the additional words \"group\" and \"India\" are not sufficient to exclude a finding of confusing similarity.\r\n\r\nThe Respondent does not have rights or legitimate interests in the disputed domain name as the Complainant has no business or other relation with the Respondent, and never licensed its MITTAL trademark to the Respondent, nor authorised the Respondent to make use of its trademark, or register a domain name containing this mark. Moreover, the disputed domain name was used to access a WordPress page template, showing a photo of the Complainant's CEO, and the wording \"Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua\" that appears to be a placeholder text. The Complainant therefore concludes that the Respondent is not providing services through the disputed domain name, or that if it is, the use of the disputed domain name is not a bona fide use.\r\n\r\nThe Complainant contends that the disputed domain name was registered and has been used in bad faith. The Complainant's trademarks are well-known, and the Respondent uses a photo of Mr. Aditya Mittal, CEO of the Complaint. Thus, given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.\r\nIn relation to the use of the disputed domain name in bad faith, the Complainant underlines that the disputed domain name is being used to access a web page template partially filled with information on the Complainant, and displaying the photo of the Complainant's CEO along with a placeholder text.  Accordingly, the Complainant asserts that the Respondent has intentionally attempted to attract for commercial gain Internet users to its website by creating likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of the web site. This also could disrupt the business of the Complainant and may constitute bad faith under paragraph 4(b)(iii) of the Policy.",
    "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": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2021-10-24 00:00:00",
    "informal_english_translation": "The Complainant bases its Complaint on the trademarks MITTAL, international registration No. 1198046 of 5 December 2013, for goods and services in classes 6 and 40, and MITTAL STEEL, European registration No. 4233301, filed on 7 January 2005 and registered on 27 March 2006, with a priority date of 22 October 2004, for goods and services in classes 6 and 40.",
    "decision_domains": {
        "MITTALGROUPINDIA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}