{
    "case_number": "CAC-UDRP-105126",
    "time_of_filling": "2023-01-16 09:10:54",
    "domain_names": [
        "hexcarb.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ARCELORMITTAL"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "ERA GEMS DMCC"
    ],
    "respondent_representative": null,
    "factual_background": "<p>Commencing in 2020, the Complainant has sold steel products under trademarks XCARB and EXCARB. The Respondent resolves the disputed domain name to a registrar parking page with monetized links relating to car parts and electric vehicles.<\/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>COMPLAINANT:<\/p>\n<p>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. In 2020 the Complainant began using the trademark XCARB to bring together all of its reduced, low and zero-carbon products and steelmaking activities, as well as its wider initiatives and green innovation projects, into a single effort. The Complainant owns trademark registrations for the marks XCARB and EXCARB as well as a number of domain names such as &lt;xcarb.net&gt;, &lt;xcarb.uk&gt;, &lt;xcarb.green&gt;, &lt;excarb.net&gt;, and &lt;excarb.eu&gt;.<\/p>\n<p>The disputed domain name &lt;hexcarb.com&gt; was registered on November 24, 2022 and resolves to a registrar parking page displaying monetized links in relation with the Complainant&rsquo;s activity.<br \/>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n<p>RESPONDENT:<\/p>\n<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>",
    "rights": "<p>The Complainant has demonstrated its ownership of certain trademarks but it has not, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to such trademarks (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>The Complainant has not shown that the Respondent has 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>The Complainant has not shown that 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": "Rejected",
    "panelists": [
        "Steven Levy"
    ],
    "date_of_panel_decision": "2023-02-13 00:00:00",
    "informal_english_translation": "<p>The Complainant owns Trademark Registrations for the marks XCARB and EXCARB as follows:<\/p>\n<p>- International Trademark No. 1610773 for XCARB registered on April 9, 2021 in classes 04, 06, 12, 36, 40, 42, 45;<\/p>\n<p>- European Trademark No. 18383608 for XCARB registered on January 27, 2021 in classes 04, 06, 12, 36, 40, 42, 45; and<\/p>\n<p>- European Trademark No. 18312217 for EXCARB registered on September 23, 2020 in classes 04, 06, 09, 12, 40, 42.<\/p>",
    "decision_domains": {
        "hexcarb.com": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}