{ "case_number": "CAC-UDRP-105049", "time_of_filling": "2022-12-07 09:03:49", "domain_names": [ "arcelormittal-burns.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ARCELORMITTAL (SA)" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Private Private" ], "respondent_representative": null, "factual_background": "

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. The Complainant also owns an important domain names portfolio, such as the domain name <arcelormittal.com> registered since 27 January 2006, which it uses for its official website.<\/span><\/p>\n

The disputed domain name <arcelormittal-burns.com> was registered on 2 December 2022. It resolves to an index page and has mail exchange (“MX”) settings enabled.<\/span><\/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>\n

PARTIES' CONTENTIONS:<\/p>\n

COMPLAINANT:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to the ARCELORMITTAL trademark, which it includes in its entirety. The Complainant asserts that the addition of the dictionary word “burns” is not sufficient to exclude the confusing similarity between the disputed domain name and the ARCELORMITTAL trademark.<\/span><\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name, as it is not known under it and is not related in any way with the Complainant, who has not given any authorization to the Respondent to use the Complainant’s ARCELORMITTAL trademark or to apply for registration of the disputed domain name. The Complainant contends that Respondent does not use the disputed domain name as it resolves to an index page.<\/span><\/p>\n

The Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, its ARCELORMITTAL trademark is distinctive and widely known, so it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark. 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 it 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’s rights under trademark law. <\/span><\/p>\n

Finally, the Complainant submits that mail exchange servers are configured for the disputed domain name, which suggests that it may be actively used for e-mail purposes. According to the Complainant, it is inconceivable that the Respondent would be able to use the disputed domain name as part of an e-mail address in good faith.

<\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not submit a Response in this proceeding.<\/span><\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2023-01-11 00:00:00", "informal_english_translation": "

The Complainant is the owner of the international trademark ARCELORMITTAL with registration No.947686, registered on 3 August 2007 for goods and services in International Classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42 (the “ARCELORMITTAL trademark”).<\/span><\/p>", "decision_domains": { "arcelormittal-burns.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }