{ "case_number": "CAC-UDRP-105354", "time_of_filling": "2023-04-14 11:11:29", "domain_names": [ "ukrainearcelormittal.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Yuriy Izmailov (Mettalbro)" ], "respondent_representative": null, "factual_background": "

The Complainant is a Luxembourg company that is the largest steel producing company in the world. It is the registered owner the international trademark n°947686 ARCELORMITTAL® (“the ARCELORMITTAL trademark”) that it registered on August 3, 2007.<\/p>\n

The disputed domain name <ukrainearcelormittal.com<\/strong>> was registered by the Respondent on April 7, 2023 and it is used by the Respondent to redirect internet users to a website that pretends to be that of the Complainant. The Complainant is concerned at the damage done to its trademark and its business by the Respondent‘s using the domain name to mislead internet users to the prejudice of the Complainant. It has therefore filed this Complaint under the UDRP to have the domain name transferred to itself.<\/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 made the following contentions.<\/p>\n

The Complainant) is a Luxembourg company engaged in the industry of producing steel. It is the largest steel producing company in the world. In the course of that business it uses the website www.arcelormittal.com<\/a> and several other domain names.<\/p>\n

Complainant is the owner of the international trademark n°947686 ARCELORMITTAL® (“the ARCELORMITTAL trademark”) that it registered on August 3, 2007.<\/p>\n

The disputed domain name <ukrainearcelormittal.com<\/strong>> was registered by the Respondent on April 7, 2023 and it is used to redirect internet users to a website that pretends to be that of  the Complainant .<\/p>\n

The Complainant can make out a case based on the three relevant criteria set out in the Policy.<\/p>\n

    \n
  1. The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;<\/strong><\/li>\n<\/ol>\n

    The disputed domain name <ukrainearcelormittal.com<\/strong>> is confusingly similar to the Complainant’s trademark ARCELORMITTAL®. It is similar to the trademark because the entirety of the trademark is included in the domain name. It is also confusingly so because it in effect asserts that the domain name is an official domain name of the Complainant dealing with its commercial activities in Ukraine, which it clearly is not. The addition of the geographic word “ukraine” is also not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark ARCELORMITTAL®, which it clearly is. That submission is supported by many prior UDRP decisions that are cited by the Complainant .<\/strong><\/p>\n

             2. The Respondent has no rights or legitimate interests in respect of the domain name<\/strong><\/p>\n

    The Complainant is first required to make out a prima facie <\/em>case that the Respondent lacks rights or legitimate interests.<\/p>\n

    In that regard, the Complainant submits that the Respondent is not commonly known by the disputed domain name. That is so because the relevant Whois information shows that the registrant is known by its name and not by the disputed domain name.<\/p>\n

    Secondly, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name because it is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

    Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s  ARCELORMITTAL® trademark nor to apply for registration of the disputed domain name.<\/p>\n

    Furthermore, the disputed domain name resolves to a website that purports to be an official website of the Complainant. The Respondent obviously tries by this means to pass itself off as an affiliate of the Complainant in Ukraine and it does this for its own commercial gain. Therefore, the Respondent is not using the domain name in connection with a bona fide<\/em> offering of goods or services or a legitimate non-commercial or fair use.<\/p>\n

    Nor does the evidence show that the Respondent has any other right or legitimate interest in the domain name.<\/p>\n

    The Complainant has therefore established that the Respondent has no right or legitimate interest in respect of the disputed domain name <ukrainearcelormittal.com>.<\/u><\/strong><\/p>\n

            3.The domain name <\/em>was registered and is being used in bad faith<\/strong><\/p>\n

    That is so because Complainant contends that the disputed domain name <ukrainearcelormittal.com<\/strong>> is confusingly similar to its distinctive trademark ARCELORMITTAL®.<\/p>\n

    Moreover, Complainant’s trademark ARCELORMITTAL® is widely known and many prior UDRP decisions have confirmed the notoriety of  that trademark.<\/p>\n

    Given the distinctiveness of the Complainant's trademarks and reputation, it should be inferred that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/p>\n

    Finally, the disputed domain name is redirecting to a website that reproduces the Complainant’s information and trademarks in order to create a likelihood of confusion. Therefore, the Complainant contends that by using the domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of the web site.<\/p>\n

    Thus, Complainant contends that Respondent has registered and used the disputed domain name <ukrainearcelormittal.com> in bad faith.<\/p>\n

    RESPONDENT<\/strong><\/p>\n

    The Respondent did not file a Response in this proceeding.<\/p>\n

      <\/ol>", "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": [ "Neil Brown" ], "date_of_panel_decision": "2023-05-10 00:00:00", "informal_english_translation": "

       The evidence shows that the Complainant has established its rights in the internationally registered ARCELORMITTAL trademark, registered number 947686, as the Complainant is the owner of that trademark and registered it on August 3, 2007. <\/p>\n

      <\/p>", "decision_domains": { "ukrainearcelormittal.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }