{
    "case_number": "CAC-UDRP-104152",
    "time_of_filling": "2021-11-11 08:51:48",
    "domain_names": [
        "arcalromittal.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Ehud  Ehart"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is one of the largest steel manufacturers in North America, South America, and Europe: steel manufacturing in 17 countries; customers in 160 countries; and 168,000 employees in 2020 according to the Complainant’s information which the Complainant has provided to the Panel. The Complainant’s trademark ARCELORMITTAL is widely known. Past panels have confirmed the notoriety of the trademark ARCELORMITTAL in the following cases:\r\n\r\n- CAC Case No. 101908, ARCELORMITTAL v. China Capital (\"The Complainant has established that it has rights in the trademark \"ArcelorMittal\", at least since 2007. The Complainant's trademark was registered prior to the registration of the disputed domain name (February 7, 2018) and is widely well-known.\"); and \r\n\r\n- CAC Case No. 101667, ARCELORMITTAL v. Robert Rudd (\"The Panel is convinced that the Trademark is highly distinctive and well-established.\").\r\n\r\nThe Complainant is the owner of the trademark mentioned above. \r\n\r\nThe disputed domain name was registered on November 2, 2021. The disputed domain name resolves to an inactive page.\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\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\ni) The Complainant has rights in the mark ARCELORMITTAL (international trademark registration number 947686 registered on August 3, 2007). The disputed domain name is confusingly similar to the Complainant’s trademark “ARCELORMITTAL” because it includes the Complainant’s trademark in its entirety, and misspells the Complainant’s trademark ARCELORMITTAL.\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not commonly known by the disputed domain name. The Complainant is not related in any way with the Respondent. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither 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. The disputed domain name resolves to an inactive page.\r\n\r\niii) The Respondent has registered and is using the disputed domain name in bad faith. 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. The misspelling of the trademark ARCELORMITTAL was intentionally designed to be confusingly similar with the Complainant’s trademark. The disputed domain name resolves to an inactive page. The passive holding of the disputed domain name constitutes bad faith use. MX servers are configured. It suggests that the disputed domain name may be actively used for email purposes.\r\n\r\n\r\n\r\nRESPONDENT:\r\nThe Respondent did not submit a Response.\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": "Preliminary Issue: Language of the Proceedings\r\n\r\nThe Panel notes that the Registration Agreement is written in Japanese, thereby making the language of the proceedings in Japanese. The Complainant has requested that the proceeding should be conducted in English. The Panel has the discretion under UDRP Rule 11(a) to determine the appropriate language of the proceedings taking the particular circumstances of the administrative proceeding into consideration. See Section 4.5, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition; see also Lovehoney Group Limited v yan zhang, CAC 103917 (CAC August 17, 2021) (finding it appropriate to conduct the proceeding in English under Rule 11, despite Japanese being designated as the required language in the registration agreement). The Complainant contends that the Respondent is located in the United States in which the language is English. Therefore, the Respondent is familiar with English.\r\n\r\nPursuant to UDRP Rule 11(a), the Panel finds that persuasive argument has been adduced by the Complainant. After considering the circumstance of the present case, in the absence of the Response and no objection to the Complainant's request for the language of proceeding, the Panel decides that the proceeding should be in English.\r\n\r\nThe Panel is satisfied that all other procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Mr. Ho-Hyun Nahm, Esq."
    ],
    "date_of_panel_decision": "2021-12-14 00:00:00",
    "informal_english_translation": "The Complainant is the owner of international trademark registration number 947686 for ARCELORMITTAL mark registered on August 3, 2007.",
    "decision_domains": {
        "ARCALROMITTAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}