{
    "case_number": "CAC-UDRP-104641",
    "time_of_filling": "2022-06-09 09:27:05",
    "domain_names": [
        "arcelormitlal.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "LTD MAPRI EHITUS"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS PROVIDED BY THE COMPLAINANT:\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. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.\r\n\r\nThe Complainant is the owner of trademark ARCELORMITTAL® and the domain name <arcelormittal.com>.\r\n\r\nThe disputed domain name <arcelormitlal.com> was registered on June 3, 2022 by MAPRI EHITUS Stephan based in Poland and it resolves to an inactive website with active .MX records. \r\n\r\nAccording to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the disputed domain name and he is not related in any way to the Complainant’s business.\r\n\r\nFor the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the disputed domain name and that the language of the registration agreement is English. \r\n\r\n\r\nRespondent did not reply to the Complaint.\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": "PARTIES CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nFirst element: Similarity\r\n\r\nThe Complainant confirms that the disputed domain name <arcelormitlal.com > is confusingly similar to its trademark ARCELORMITTAL®.\r\n\r\nThe Complainant states that the misspelling of the Complainant’s trademark ARCELORMITTAL® by substituting the letter “T” by the letter “L”, is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name. Furthermore, the Complainant indicates that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark. \r\n\r\n\r\nSecond element: Rights or legitimate interest\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way with the Complainant. In addition, the Complainant argues that they do not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant asserts that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ARCELORMITTAL® or apply for registration of the disputed domain name by the Complainant. \r\n\r\nMoreover, the disputed domain name resolves to an inactive page. The Complainant contends that Respondent did not use the disputed domain name, and it confirms that Respondent has no demonstrable plan to use the disputed domain name. \r\n\r\n\r\nThird element: Bad faith\r\n\r\nThe Complainant indicates that the Complainant’s trademark ARCELORMITTAL® is widely known by showing UDRP decisions issued by different UDRP panelist where the well-known status of the trademark ARCELORMITTAL® for metal and steel production has been confirmed. 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. Moreover, the Complainant states the misspelling of the trademark ARCELORMITTAL® was intentionally designed to be confusingly similar with the Complainant’s trademark.\r\n\r\nThe Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and 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 an infringement of the Complainant’s rights under trademark law. As prior UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use. \r\n\r\n\r\nRESPONDENT\r\n\r\nRespondent did not reply to the Complaint.",
    "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": [
        "Victor  Hugo Garcia Padilla, LL.M."
    ],
    "date_of_panel_decision": "2022-07-03 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the international trademark No. 947686 ARCELORMITTAL® registered on August 3, 2007 in classes 06, 07, 09, 12, 19, 21, 39, 40 41 & 42.\r\n\r\nIn addition, the Complainant owns the domain name <arcelormittal.com> created on January 26, 2006. ",
    "decision_domains": {
        "ARCELORMITLAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}