{ "case_number": "CAC-UDRP-105718", "time_of_filling": "2023-08-22 09:48:19", "domain_names": [ "arcelormital-be.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "james john Promise (PRO TECK)" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n

The Complainant is one of the largest steel producing companies in the world and is the market leader in steel for use in automotive, construction, household appliances and packaging with 69.1 million tons crude steel made in 2021. It holds sizeable captive supplies of raw materials and operates extensive distribution networks. The Complainant’s trademark ARCELORMITTAL is widely known. Past panels have confirmed the notoriety of the trademark ARCELORMITTAL in the following cases:<\/span><\/p>\n

- CAC Case No. 101908, ARCELORMITTAL v. China Capital (\"The Complainant has established that it has rights in the trademark \"ArcelorMittal\", at least since 2007. The Complainant's trademark was registered prior to the registration of the disputed domain name (February 7, 2018) and is widely well-known.\"); and <\/span><\/p>\n

- CAC Case No. 101667, ARCELORMITTAL v. Robert Rudd (\"The Panel is convinced that the Trademark is highly distinctive and well-established.\").<\/span><\/p>\n

The Complainant is the owner of the trademark mentioned above. <\/span><\/p>\n

The disputed domain name was registered on August 9, 2023. The disputed domain name resolves to an inactive page.<\/span><\/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:<\/span><\/p>\n

i) The Complainant has rights in the mark ARCELORMITTAL (international trademark registration number 947686 registered on August 3, 2007). The disputed domain name is confusingly similar to the Complainant’s trademark “ARCELORMITTAL” because it includes the Complainant’s trademark in its entirety, merely adding the country code “BE“ for Belgium and the gTLD “.COM.”<\/span><\/p>\n

ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not commonly known by the disputed domain name. The Complainant is not related in any way with the Respondent. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ARCELORMITTAL, or to apply for registration of the disputed domain name. The disputed domain name resolves to an inactive page.<\/span><\/p>\n

iii) The Respondent has registered and is using the disputed domain name in bad faith. 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 disputed domain name resolves to an inactive page. The passive holding of the disputed domain name constitutes bad faith use.<\/span> <\/p>\n

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

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/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": [ "Mr. Ho-Hyun Nahm Esq." ], "date_of_panel_decision": "2023-09-14 00:00:00", "informal_english_translation": "

The Complainant is the owner of international trademark registration number 947686 for ARCELORMITTAL mark registered on August 3, 2007.  <\/span><\/p>", "decision_domains": { "arcelormital-be.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }