{
    "case_number": "CAC-UDRP-104745",
    "time_of_filling": "2022-07-25 10:15:48",
    "domain_names": [
        "arcelormitital.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "CJ Goh"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a company specializing in steel production worldwide with a website at \"www.arcelormittal.com”.\r\n\r\nThe Complainant is the largest steel-producing company in the world. It is the market leader in steel for automotive, construction, household appliances, and packaging, with 69.1 million tonnes of crude steel made in 2021. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.\r\n\r\nThe Complainant also owns a domain names portfolio, such as the domain name <arcelormittal.com> registered since January 27, 2006.\r\n\r\nThe disputed domain name was registered on July 18, 2022, and resolves to a parking page with commercial links.",
    "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings relating to the disputed domain name.",
    "no_response_filed": "COMPLAINANT:\r\n\r\nA.\tTHE DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark “ARCELORMITTAL” and its domain names associated, as it includes the Complainant’s trademark in its entirety.\r\n\r\nThe apparent misspelling of the Complainant's trademark “ARCELORMITTAL”, i.e., the addition of the letter \"I\", is characteristic of a Typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name. \r\n\r\nFurthermore, the Complainant contends that adding the gTLD \".COM\" does not change the overall impression of the designation as being connected to the Complainant's trademark. Therefore, it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark, and its domain names associated.\r\n\r\nConsequently, the disputed domain name is confusingly similar to Complainant’s trademark “ARCELORMITTAL”.\r\n\r\nB.\tRESPONDENT HAS NO RIGHTS OR LEGITIMATE INTEREST IN RESPECT OF THE DOMAIN NAME\r\n\r\nThe Complainant asserts that the Respondent is not known as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name.\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 to the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant's trademark or apply for registration of the disputed domain name by the Complainant.\r\n\r\nBesides, the Complainant also claims that the disputed domain name is a typosquatted version of the trademark “ARCELORMITTAL”. Typosquatting is the practice of registering a domain name in an attempt to take advantage of Internet users' typographical errors and can provide evidence that a respondent lacks rights and legitimate interests in the domain name. \r\n\r\nFurthermore, the disputed domain name resolves to a parking page with commercial links. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use. \r\n\r\nThus, under the preceding, the Complainant contends that the Respondent has no right or legitimate interest in the disputed domain name.\r\n\r\nC.\tTHE DOMAIN NAME WAS REGISTERED AND IS BEING USED IN BAD FAITH\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its distinctive trademark “ARCELORMITTAL”.\r\n\r\nThe Complainant’s trademark “ARCELORMITTAL” is widely known. Past panels have confirmed the notoriety of the trademark “ARCELORMITTAL”.\r\n\r\nGiven the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.\r\n\r\nMoreover, the Complainant states the misspelling of the trademark “ARCELORMITTAL” was intentionally designed to be confusingly similar to the Complainant's trademark. Previous UDRP panels have seen such actions as evidence of bad faith. \r\n\r\nFurthermore, the disputed domain name resolves to a parking page with commercial links. The Complainant contends the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant's trademarks for its own commercial gain, which is evidence of bad faith.\r\n\r\nOn those facts, the Complainant contends that Respondent has registered the disputed domain name <arcelormitital.com> and is using it in bad faith.\r\n\r\nRESPONDENT\r\n\r\nNo administratively compliant Response was filed.",
    "rights": "To the satisfaction of the Panel, the Complainant has shown that the disputed domain name is identical or confusingly similar to the trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "To the satisfaction of the Panel, the Complainant has 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": "To the satisfaction of the Panel, the Complainant has 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 have been met, and there is no other reason why it would be unsuitable for providing the Decision.",
    "decision": "Accepted",
    "panelists": [
        "Rodolfo Carlos Rivas Rea"
    ],
    "date_of_panel_decision": "2022-08-23 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the international trademark n° 947686 “ARCELORMITTAL”, registered on August 3, 2007.",
    "decision_domains": {
        "ARCELORMITITAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}