{ "case_number": "CAC-UDRP-105204", "time_of_filling": "2023-02-16 09:26:34", "domain_names": [ "arcolormittal.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Maria Ines (mittal)" ], "respondent_representative": null, "factual_background": "

The Complainant is a worldwide major steel producing company and is the market leader in steel for use in automotive, construction, household appliances and packaging, operating in more than 60 countries.<\/span><\/p>\n

The disputed domain name was registered on February 10, 2023 and resolves to a parking page. Besides MX servers are configured.<\/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": "

 <\/span>COMPLAINANT:<\/span><\/p>\n

The Complainant claims that the disputed domain name is confusingly similar to its prior trademark and domain name as the substitution of the letter \"e\" with the letter \"o\" in <arcolormittal.com> is not sufficient to exclude the confusing similarity assessment with the trademark ARCELORMITTAL.<\/span><\/p>\n

The Complainant supports its allegations citing several UDRP decisions which confirmed that minor spelling variations do not prevent domain names from being confusingly similar to the Complainant's trademarks.<\/span><\/p>\n

Finally, the Complainant contends that TLD are disregarded when assessing confusing similarity as they are considered as standard registration requirements.<\/span><\/p>\n

The Complainant claims that the Respondent has no rights nor legitimate interest in registering the disputed domain name. According to the Complainant assertions, there is no evidence that the Respondent is known as the disputed domain name or is, in some way, authorized to use the ARCELORMITTAL trademark.<\/span><\/p>\n

Finally, the actual use of the disputed domain name is not considered a \"bona fide offering of goods or services\" or a \"legitimate non-commercial or fair use\" for the purposes of the Policy.<\/span><\/p>\n

As regards registration and use in bad faith, the Complainant claims that since the ARCELORMITTAL trademark is widely known, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's rights.<\/span><\/p>\n

Moreover, the fact that the domain name links to a parking page with active MX is considered an additional index of use in bad faith.<\/span><\/p>\n

<\/span><\/p>\n

RESPONDENT:<\/span><\/p>\n

The Respondent did not file an administrative response.<\/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": [ "Andrea Mascetti" ], "date_of_panel_decision": "2023-03-24 00:00:00", "informal_english_translation": "

The Complainant proved to be the owner of the international trademark registration no. 947686 for ARCELORMITTAL registered on August 3, 2007.

\n

The Complainant also proved to own the domain name <arcelormittal.com> since January 27, 2006.<\/p>\n<\/div>", "decision_domains": { "arcolormittal.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }