{
    "case_number": "CAC-UDRP-104999",
    "time_of_filling": "2022-11-21 09:24:12",
    "domain_names": [
        "arceloimrttal.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "sumeyye yuksel"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\">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. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.&nbsp;<\/p>\n<p style=\"text-align: justify;\">The Complainant is one of the world's leading integrated steel and mining companies. The Complainant is the largest producer in Europe and among the largest in the Americas, second largest in Africa and the sixth largest producer in the <span>Commonwealth of Independent States (CSI) region and has a smaller but growing&nbsp;<\/span>presence in Asia.<\/p>\n<p style=\"text-align: justify;\">&nbsp;The Complainant has steel-making operations in 16 countries on four continents, including 37 integrated and mini-mill steel-making facilities. As of December 31, 2021, the Complainant had approximately 158,000 employees.<\/p>\n<p style=\"text-align: justify;\">The Complainant also owns an important domain names portfolio, such as the domain name &lt;arcelormittal.com&gt; registered since January 27, 2006.<\/p>\n<p style=\"text-align: justify;\">According to the evidence, the disputed domain name &lt;<strong>arceloimrttal.com<\/strong>&gt; was registered on <strong>November 14, 2022<\/strong> and resolves to an inactive website.<\/p>",
    "other_legal_proceedings": "<p>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": "<p><strong><u>Complainant Contentions<\/u><\/strong>:<\/p>\n<ul>\n<li style=\"text-align: justify;\">The Complainant asserts that the disputed domain name &lt;<strong>arceloimrttal.com<\/strong>&gt; is confusingly similar to its trademark ARCELORMITTAL and its domain names associated, as it includes the Complainant&rsquo;s trademark in its entirety, based on Respondent&rsquo;s typosquatting practice.<\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that the obvious misspelling of the trademark ARCELORMITTAL, i.e. the reversal of the letters &ldquo;R&rdquo; and &ldquo;I&rdquo;, is characteristic of a Typosquatting practice intended to create confusing similarity between the Complainant&rsquo;s trademark and the disputed domain name. Previous panels have found that the slight spelling variations does not prevent a domain name from being confusingly similar to the Complainant&rsquo;s trademark.<\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that the Respondent is not known as the disputed domain name.<\/li>\n<li style=\"text-align: justify;\">The Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name &lt;<strong>arceloimrttal.com<\/strong>&gt; and he is not related in any way with the Complainant; that the Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark ARCELORMITTAL, or apply for registration of the disputed domain name by the Complainant.<\/li>\n<li style=\"text-align: justify;\">The Complainant contends that Respondent did not make any use of disputed domain name since its registration, and it confirms that Respondent has no demonstrable plan to use the disputed domain name, which it demonstrates a lack of legitimate interests in respect of the disputed domain name.<\/li>\n<li style=\"text-align: justify;\">The Complainant&rsquo;s trademark ARCELORMITTAL is widely known. Past panels have confirmed the notoriety of the trademark ARCELORMITTAL in the following cases: <em>ARCELORMITTAL v. China Capital<\/em>, CAC-UDRP Case No. 101908, (\"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.\") and <em>ARCELORMITTAL v. Robert Rudd, <\/em>CAC-UDRP Case No. 101667,&nbsp; (\"The Panel is convinced that the Trademark is highly distinctive and well-established.\").<\/li>\n<li style=\"text-align: justify;\">The Complainant states that the misspelling of the trademark ARCELORMITTAL was intentionally designed to be confusingly similar with the Complainant&rsquo;s trademark. Besides, the disputed domain name resolves to an index page.<\/li>\n<li style=\"text-align: justify;\">The 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 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&rsquo;s rights under trademark law. As prior WIPO 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, <em>e.g.<\/em>:&nbsp; <em>Telstra Corporation Limited v. Nuclear Marshmallows<\/em>, WIPO Case No. D2000-0003 and CBS Broadcasting, Inc. v. Dennis Toeppen, WIPO Case No. D2000-0400.&nbsp;<\/li>\n<li style=\"text-align: justify;\">The Complainant asserts that MX servers are configured which suggests that the disputed domain name may be actively used for email purposes, <em>e.g.<\/em>:&nbsp; JCDECAUX SA v. Handi Hariyono, CAC-UDRP Case No. 102827 (&ldquo;There is no present use of the disputed domain name but there are several active MX records connected to the disputed domain name. It is concluded that it is inconceivable that the Respondent will be able to make any good faith use of the disputed domain name as part of an e-mail address.&rdquo;).<\/li>\n<\/ul>\n<p style=\"text-align: justify;\"><strong><span style=\"text-decoration: underline;\">Response<\/span><\/strong><\/p>\n<p style=\"text-align: justify;\">The Respondent did not reply to any of the Complainant's contentions.<\/p>",
    "rights": "<p style=\"text-align: justify;\">The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": "<p>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": [
        "María Alejandra López García"
    ],
    "date_of_panel_decision": "2022-12-23 00:00:00",
    "informal_english_translation": "<p style=\"text-align: justify;\">The Complainant is a multinational steel manufacturing corporation formed in 2006, headquartered in Luxemburg. It is the world's leading steel and mining company. It is specialized in steel producing in a worldwide scale.&nbsp;<\/p>\n<p style=\"text-align: justify;\">The Complainant is the owner of the International Trademark ARCELORMITTAL, Reg. No. 947686, registered on August 3, 2007.&nbsp;<\/p>",
    "decision_domains": {
        "arceloimrttal.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}