{ "case_number": "CAC-UDRP-104311", "time_of_filling": "2022-01-31 08:09:56", "domain_names": [ "mmitalmexico.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "ARCELORMITTAL (SA)" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "arcelormital" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a well-established 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. \r\n\r\nThe Complainant is the registered owner of several trademarks containing the term “MITTAL”, in different countries.\r\n\r\nThe Complainant owns an important domain names portfolio containing the wording MITTAL, such as the domain name registered since January 3, 2003 or registered since May 18, 2009.\r\n\r\nThe disputed domain name was registered on January 1, 2022, and is not currently used in connection with any goods or services as it results in an inactive webpage.\r\n\r\nNo information is known about the Respondent who registered the disputed domain name under a privacy statement. \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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name and the Complainant's registered trademarks are confusingly similar. \r\n\r\nParticularly, the Complainant contends that the disputed domain name contains an obvious misspelling of the Complainant’s trademarks MITTAL by adding the initial letter “M” and deleting the letter “T”, and considers the present situation is a clear case of “typosquatting”.\r\n\r\nThe Complainant also points out that the applicable Top-Level suffix “-.com” does not per se prevent the likelihood of confusion.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant does not explicitly argue that that the Respondent is not commonly known by the disputed domain name or a name corresponding to the disputed domain name, or that the Respondent is making any businesses with the Complainant. However, the Complainant states that 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.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states due to its worldwide presence and considering that the Complainant’s marks MITTAL and MITTAL STEEL have been widely used and are well-known, the Respondent certainly had full knowledge of the Complainant rights over the name MITTAL at the time of the disputed domain name’s registration.\r\n\r\nMoreover, the Complainant contends that, the disputed domain name is used as an part of an email address on another website, where the Respondent intends to pass of as the Complainant’s entity in Mexico.\r\n\r\nThus, according to the Complainant, the Respondent registered the disputed domain name and is using it in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complaint.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to trademarks 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 in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).", "procedural_factors": "The language of the registration agreement is Spanish, but the Complainant requested the proceeding to be conducted in English language. \r\nThe Panel’s discretion must be exercised judicially in the spirit of fairness and justice to both parties taking into consideration matters such as command of the language, time and costs. It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her ability to articulate the arguments for the case (CAC case No. 102277).\r\nThe Respondent did not respond neither to the complaint neither to the request for the change of the language of the proceeding. \r\nThe Panel finds the Complainant´s request to conduct the proceeding in English well grounded and equitable to both parties. The panel decision is therefore issued in English language.\r\nThe 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": [ "JUDr. Hana Císlerová, LL.M." ], "date_of_panel_decision": "2022-03-09 00:00:00", "informal_english_translation": "The Complainant is the registered owner of the following trademarks:\r\n- International Trademark Registration No. 1198046 for MITTAL (word mark), registered on December 5, 2013, in classes 6 and 40, and\r\n- European Trademark Registration No. 004233301 for MITTAL STEEL (word mark), registered on March 27, 2006, in classes 6 and 40.", "decision_domains": { "MMITALMEXICO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }