{
    "case_number": "CAC-UDRP-104231",
    "time_of_filling": "2021-12-10 09:36:35",
    "domain_names": [
        "arcelormittalvarilla.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ARCELORMITTAL S.A."
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "fernando sierra"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nPRELIMINARY REQUEST FOR ENGLISH TO BE THE LANGUAGE OF THIS PROCEEEDING\r\n\r\nAs requested by the CAC, the Complainant filed preliminary request in order to require English to be the language of the administrative proceeding at issue for the following grounds:\r\n\r\n- The English language is the language most widely used in international relations.\r\n\r\n- In order to proceed in Spanish (the language of the registration agreement) the Complainant would have had to retain specialized translation services at a cost very likely to be higher than the overall cost of these proceedings.  The use of Spanish in this case would therefore impose a burden on the Complainant which must be deemed significant in view of the low cost of these proceedings.\r\n\r\nTherefore, in accordance with the instructions submitted by the CAC, for the reasons described above, the Complainant requested the Panel to maintain English as the proceedings language.\r\n\r\nON THE MERIT\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 disputed domain name <arcelormittalvarilla.com> was registered on December 2, 2021.\r\n\r\nThe Complainant states that the disputed domain name <arcelormittalvarilla.com> is confusingly similar to its trademark ARCELORMITTAL. Actually, in the Complainant's view, the addition of the term \"varilla\" is not sufficient to escape the finding that the domain name is confusingly similar to the trademark \"ARCELORMITTAL\". This, also considering that the word \"varilla\" refers to the Complainant business.\r\n\r\nThe Complainant states that the Respondent is not affiliated with him nor authorized by him in any way. The Complainant states that the Respondent has no right nor legitimate interest in the disputed domain name and it is not related in any way to its business. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent is not commonly known by <arcelormittalvarilla.com> or by other names similar to the disputed domain name.\r\n\r\nThe Complainant also notes that  the domain name <arcelormittalvanilla.com> is not used and that, given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with the full knowledge of the Complainant's trademarks.  It is the Complainant's view that the incorporation of a famous mark into a domain name, coupled with an inactive website, is evidence that the Respondent has registered the disputed domain name and is using it in bad faith.",
    "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",
    "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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2022-01-11 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks. In particular, ARCELORMITTAL S.A. owns the International Registration No. 947686 ARCELORMITTAL registered on August 3, 2007 for classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42, duly renewed.\r\nThe above trademark is protected in numerous countries.",
    "decision_domains": {
        "ARCELORMITTALVARILLA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}