{
    "case_number": "CAC-UDRP-104654",
    "time_of_filling": "2022-06-17 09:12:10",
    "domain_names": [
        "de-arcelormittal.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "ArcelorMittal Germany Holding GmbH"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe disputed domain name <de-arcelormittall.com> has been registered on 28 April 2022. The language of the registration agreement is German.\r\n\r\nThe disputed domain name does currently not resolve to any active website but to a default site (\"Ce site est inaccessible\"). \r\n\r\nFinally, the Complainant states that the Respondent is not affiliated with the Complainant. Furthermore, the Complainant did not grant any licence or authorization to the Respondent to make any use, or apply for registration of the disputed domain name.    \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",
    "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": "1. \r\n\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.\r\n\r\n\r\n2.\r\n\r\nFurthermore, taking account the interest of fairness and to preserve continuity in the case, the Panel decides English to be the language of the present proceeding:\r\n\r\nPanels have recognized that a preliminary determination by the WIPO Center may be necessary where a party requests for the proceeding to be administered in a language other than that of the registration agreement. In the case at hand, the Complainant requests for the proceedings to be administered in English language.\r\n\r\nThe Panel acknowledges that the WIPO Center notified both parties in German and English language of the discrepancy between the language of the registration agreement and the Complaint. The Complainant formally submitted a motivated request that the proceedings be conducted in English language.\r\n\r\nParagraph 10 of the UDRP Rules vests the Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. The Respondent did not reply to this request and did not actively participate in these proceedings.\r\n\r\nAgainst this background, the Panel also notes: (i) English is a common business language; (ii) the TLD “.com” has a supranational character; and (iii) that translating the Complaint and the annexes would cause significant expenses and delay while the Respondent is not participating in this proceeding. The Panel would have accepted a Response in English or German, but no Response was submitted.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Tobias Malte Müller"
    ],
    "date_of_panel_decision": "2022-07-22 00:00:00",
    "informal_english_translation": "The Complainant - ARCELOR MITTAL S.A. - relies on international verbal trademark no. 947686 <ArcelorMittal> registered on 3 August 2007 for goods\/services in classes 6, 7, 9,12, 19, 21, 39, 40, 41, 42, designating amongst others the European Union, where the Respondent indicates to be located. ",
    "decision_domains": {
        "DE-ARCELORMITTAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}