{
    "case_number": "CAC-UDRP-105465",
    "time_of_filling": "2023-05-25 08:57:22",
    "domain_names": [
        "a-arcelormittal.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "ARCELORMITTAL (SA)"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Tony  Lil"
    ],
    "respondent_representative": null,
    "factual_background": "<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 with 69.1 million tonnes of crude steel made in 2021. It holds sizeable supplies of raw materials and operates extensive distribution networks.<\/p>\n<p>In addition to the Complainant&rsquo;s ARCELORMITTAL registered trademark, the Complainant owns a domain name portfolio containing domain names such as &lt;arcelormittal.com&gt;, registered since January 27, 2006.<\/p>\n<p>The disputed domain name was registered on May 19, 2023 and resolves to a parking page containing commercial links, including at least one, &ldquo;Fonderie Aluminium&rdquo; that appears to be relevant to the Complainant&rsquo;s line of business.<\/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 disputed domain name is confusingly similar to the Complainant&rsquo;s ARCELORMITTAL trademark as it includes this in its entirety. The addition of the letter &ldquo;a&rdquo; and hyphen is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant&rsquo;s trademark and the disputed domain name. Previous panels have found that slight spelling variations do not prevent a domain name from being confusing similar to a complainant&rsquo;s trademark.<\/p>\n<p>The addition of the gTLD &ldquo;.com&rdquo; does not change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark or prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its associated domain names.<\/p>\n<p>The Respondent has no rights or legitimate interests in the disputed domain name.<\/p>\n<p>The Respondent is not identified in the Whois database as the disputed domain name. Previous panels have held that a respondent is not commonly known by a domain name if the Whois information is not similar thereto. The Respondent is not related to the Complainant in any way. The Complainant does not carry out any activity for the Respondent and has no business with it. No license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s ARCELORMITTAL trademark or to apply for registration of the disputed domain name. The disputed domain name is a typosquatted version of the Complainant&rsquo;s trademark, namely it was registered in an attempt to take advantage of Internet users&rsquo; typographical errors, and this can evidence that a respondent lacks rights and legitimate interests in the domain name concerned.<\/p>\n<p>The disputed domain name resolves to a parking page with commercial links. Previous panels have found that this is not a <em>bona fide<\/em> offering of goods or services or legitimate non-commercial or fair use.<\/p>\n<p>The disputed domain name was registered and is being used in bad faith. The Complainant&rsquo;s trademark is widely known and previous panels have confirmed its notoriety. Given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark. The misspelling of the Complainant&rsquo;s trademark was intentionally designed to be confusingly similar thereto. Previous panels have seen this as evidence of bad faith.<\/p>\n<p>The disputed domain name resolves to a parking page with commercial links. The Respondent has attempted to attract Internet users for commercial gain to its own website because of the Complainant&rsquo;s trademark, which is evidence of bad faith.<\/p>\n<p>Respondent:<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<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": "Accepted",
    "panelists": [
        "Andrew Lothian"
    ],
    "date_of_panel_decision": "2023-06-23 00:00:00",
    "informal_english_translation": "<p>The Complainant is owner of International Registered Trademark no. 947686 for the word mark ARCELORMITTAL, registered on August 3, 2007 in Classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42, designated in respect of over 40 territories.<\/p>",
    "decision_domains": {
        "a-arcelormittal.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}