{ "case_number": "CAC-UDRP-105087", "time_of_filling": "2022-12-27 09:41:10", "domain_names": [ "mittal-mexico.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "ARCELORMITTAL (SA)" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "ignacio cortez" ], "respondent_representative": null, "factual_background": "

The Complainant, ARCELORMITTAL S.A., 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 operations in more than 60 countries.<\/p>\n

The disputed domain name was registered on December 20, 2022.<\/p>\n

The disputed domain name currently is not linked to a website.<\/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": "

COMPLAINANT:<\/strong><\/p>\n

The Complainant contends that:<\/p>\n

    \n
  1. The disputed domain name is confusingly similar to the Complainant's trademark.<\/li>\n<\/ol>\n

    The Complainant states that the disputed domain name is confusingly similar to its trademark MITTAL and its domain names. In support of this claim, the Complainant refers to prior UDRP cases and affirms that it is a well-established principle that when a domain name wholly incorporates the Complainant's registered mark, the first requirement under the UDRP shall be considered accomplished.<\/p>\n

    Further, the Complainant asserts that the addition of the geographic term \"Mexico\" is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant's trademark.<\/p>\n

    Besides, the Complainant asserts that the MITTAL trademark is a renowned trademark, and that past panels have confirmed this renown of the MITTAL trademark in the following cases:<\/p>\n

      \n
    • WIPO Case No. D2018-1086, ArcelorMittal S.A. v. Registrant of lakshmimittal.org, c\/o WHOIStrustee.com Limited \/ Zeus Holding Market Ltd. (\"The Domain Name wholly incorporates a well-known mark [MITTAL]”);<\/em><\/li>\n
    • WIPO Case No. D2010-2049, Arcelormittal v. Mesotek Software Solutions Pvt. Ltd. (“the Complainant’s marks MITTAL and MITTAL STEEL have been widely used and are well-known.<\/em>”).<\/li>\n<\/ul>\n
        \n
      1. The Respondent does not have any rights or legitimate interest in the disputed domain name.<\/li>\n<\/ol>\n

        The Complainant contends that the Respondent is not affiliated with nor authorized by ARCELORMITTAL S.A. in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. No licence nor authorization has been granted to the Respondent to make any use of the Complainant’s MITTAL trademark, nor has permission been given to apply for registration of the disputed domain name.<\/p>\n

        The disputed domain name has been registered and is being used in bad faith.<\/p>\n

        The Complainant contends that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the trademark MITTAL. The Complainant asserts that the Respondent fails to make an active use at the disputed domain name, and that failure to make an active use of the disputed domain name is evidence of bad faith. Besides the Complainant contends that MX servers are configured, and this suggests that the disputed domain name may be actively used for email purposes.<\/p>\n

        RESPONDENT:<\/p>\n

        NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/strong><\/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": [ "Fabrizio Bedarida" ], "date_of_panel_decision": "2023-01-20 00:00:00", "informal_english_translation": "

        The Complainant is the owner of the international trademark n° 1198046 MITTAL registered on December 5, 2013. The Complainant also owns an important domain names portfolio, including the same distinctive wording MITTAL, such as the domain name <arcelormittal.com> registered since January 27, 2006 and <mittalmexico.com> registered since November 4, 2019<\/p>", "decision_domains": { "mittal-mexico.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }