{ "case_number": "CAC-UDRP-105722", "time_of_filling": "2023-08-22 07:26:38", "domain_names": [ "arcelormittalz.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Derreck Benoit" ], "respondent_representative": null, "factual_background": "

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

PARTIES' CONTENTIONS:<\/p>\n

COMPLAINANT:<\/p>\n

• The disputed domain name is confusingly similar to the protected mark<\/span>

According to the Complainant, the disputed domain name <arcelormittalz.com> is confusingly similar to its trademark ARCELORMITTAL. The Complainant contends that the addition of the letter “Z” and the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated.<\/span><\/p>\n


• Respondent does not have any rights or legitimate interest in the disputed domain name<\/span>

The Complainant states that the Respondent has no rights or legitimate interests in respect of the disputed domain name and it is not related in any way to the Complainant. 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 apply for registration of the disputed domain name by the Complainant.<\/span><\/p>\n

The Complainant also claims that the disputed domain name is a typosquatted version of the trademark ARCELORMITTAL. <\/p>\n

Finally, the disputed domain name points to a parking page. The Complainant contends that the Respondent did not use the disputed domain name, and it confirms that the Respondent has no demonstrable plan to use the disputed domain name.<\/p>\n

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• The disputed domain name has been registered and is being used in bad faith<\/span>

According to the Complainant, the Respondent has registered the disputed domain name and is using it in bad faith. The Complainant contends that the disputed domain name <arcelormittalz.com> is confusingly similar to its distinctive trademark ARCELORMITTAL. <\/span>

The Complainant states that 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.<\/span><\/p>\n

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Furthermore, the disputed domain name points to a parking page. <\/span>The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law.<\/span><\/p>\n

Finally, the disputed domain name has been set up with MX records which suggests that it may be actively used for e-mail purposes.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "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": "

RESPONDENT:<\/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": [ "Barbora Donathová" ], "date_of_panel_decision": "2023-09-18 00:00:00", "informal_english_translation": "

The Complainant, ARCELORMITTAL S.A., states and provides evidence to support that it is the owner of international trademark registration n° 947686 ARCELORMITTAL (registered on August 3, 2007), predating the date of registration of the disputed domain name <arcelormittalz.com>.<\/span>

The Complainant further states that it also owns an important domain name portfolio, including the exact distinctive wording \"ARCELORMITTAL\", such as the domain name <arcelormittal.com> registered since January 27, 2006.<\/span><\/p>\n

The disputed domain name <arcelormittalz.com> was registered on August 7, 2023, and resolves to a parking page. <\/span><\/p>\n

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