Arcelormittal S.A. (the “Complainant”) is the owner of the international trademark (Reg. No. 947686) ARCELORMITTAL, registered on August 3, 2007 (Nice classes 6, 12, 21, 40) and it significantly predates the registration of the disputed domain name (August 17, 2022). The 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 69.1 million tonnes crude steel made in 2021.<\/p>\n
Previous UDRP panels have acknowledged that ARCELORMITTAL trademark is well-known (e.g. CAC Case No. 101908, ARCELORMITTAL v. China Capital: \"The Complainant has established that it has rights in the trademark \"ArcelorMittal\", at least since 2007. The Complainant's trademark was registered prior to the registration of the disputed domain name (February 7, 2018) and is widely well-known.\"; CAC Case No. 101667, ARCELORMITTAL v. Robert Rudd \"The Panel is convinced that the Trademark is highly distinctive and well-established.\").<\/p>\n
The Complainant owns domain name composed of its trademark, namely <arcelormittal.com> (registered since January 27, 2006).<\/p>\n
The disputed domain name <arcelomitaloficial.com> was registered on August 17, 2022 by the Brazilian resident Izaias Amaral Da Cruz Costa. This domain name incorporates two typos of the Complainant’s well-known, distinctive trademark ARCELORMITTAL by merely omitting the letters “r” and “t”, which is visually and phonetically confusingly similar to the Complainant’s trademark ARCELORMITTAL.<\/p>\n
The Respondent did not make any use of disputed domain name since its registration (the website is inactive), and it confirms that Respondent has no demonstrable plan to use the disputed domain name. It demonstrates a lack of legitimate interests in respect of the disputed domain name. The Respondent is not sponsored by or affiliated with Complainant in any way. Complainant has not licensed, authorized, or permitted Respondent to use Complainant’s trademarks in any manner, including in domain names.<\/p>\n
Given 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 (e.g. WIPO Case No. DCO2018-0005, ArcelorMittal SA v. Tina Campbell: “The Panel finds that the trademark ARCELORMITTAL is so well-known internationally for metals and steel production that it is inconceivable that the Respondent might have registered a domain name similar to or incorporating the mark without knowing of it.”).<\/p>", "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.<\/p>", "no_response_filed": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Darius Sauliūnas" ], "date_of_panel_decision": "2022-10-26 00:00:00", "informal_english_translation": "
Arcelormittal S.A. (the Complainant) is the owner of the international trademark (Reg. No. 947686) ARCELORMITTAL, registered on August 3, 2007 (Nice classes 6, 12, 21, 40), valid until August 3, 2027.<\/p>", "decision_domains": { "arcelomitaloficial.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }