{ "case_number": "CAC-UDRP-105736", "time_of_filling": "2023-08-28 12:42:59", "domain_names": [ "mittalmetallic.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "haiyoom mohideen" ], "respondent_representative": null, "factual_background": "
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ARCELORMITTAL (the Complainant) is a company specialized in steel producing in the world<\/span>. 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 59 million tons crude steel made in 2022. It holds sizeable captive supplies of raw materials and operates extensive distribution networks<\/span>.<\/span><\/p>\n

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The Complainant also owns numerous domain names portfolio containing the same wording MITTAL®, such as the domain name <mittalsteel.com> registered since January 3<\/span>rd<\/span>, 2003, <arcelormittal.com> registered since January 27<\/span>th<\/span>, 2006 and <mittalmetal.com> registered since January 5<\/span>th<\/span>, 2019<\/span>.<\/span><\/p>\n

The Complainant states that the disputed domain name <<\/span>mittalmetallic.com<\/span>> is confusingly similar to its trademark MITTAL and MiTTAL STEEL<\/span>. <\/span><\/p>\n

The Complainant asserts that the addition of the term “METALLIC” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark. It does not change the overall <\/span>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 and its trademark. It is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. WIPO Case No. D2003-0888, Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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So, the disputed domain name is in the view of the Complainant confusingly similar to Complainant’s trademark MITTAL.<\/p>\n

The Complainant asserts that the Respondent is not known as the disputed domain name.<\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he 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

The Complainant contents that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark MITTAL, or apply for registration of the disputed domain name by the Complainant.<\/p>\n

The disputed domain name resolves to a parking page and the MX servers are configured. Complainant contends that Respondent did not make any legitimate use of the disputed domain name, and it confirms that Respondent has no demonstrable plan to use the disputed domain name. It proves in the view of the Complainant a lack of legitimate interests in respect of the disputed domain name except in order to create a likelihood of confusion with the Complainant and its trademark.<\/p>\n

Thus, in accordance with the foregoing, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to its distinctive trademark MITTAL.<\/p>\n

The Complainant’s trademark MITTAL is widely known. Past panels have confirmed the notoriety of the trademark MITTAL.<\/em><\/p>\n

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

Thus, Complainant contends that Respondent has registered the disputed domain name and is using it in bad faith.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\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": "

Complainant:<\/p>\n

The Complainant contends that the requirements of the Policy have been met (see factual backgrounds) and that the disputed domain name should be transferred to it.<\/p>\n

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": [ "David-Irving Tayer" ], "date_of_panel_decision": "2023-10-01 00:00:00", "informal_english_translation": "

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The Complainant owns several trademarks including the wording “MITTAL” in several countries, including American countries, such as:<\/span><\/p>\n

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  • European trademark MITTAL STEEL n° 4233301 registered since January 7<\/span>th<\/span>, 2005<\/span><\/li>\n
  • European trademark MITTAL® n°3975786 registered on December 1<\/span>st<\/span>, 2005<\/span><\/li>\n
  • International trademark MITTAL® n° 1198046 registered on December 5<\/span>th<\/span>, 2013.<\/span><\/li>\n<\/ul>\n

    The Complainant also owns numerous domain names portfolio containing the same wording MITTAL®, such as the domain name <mittalsteel.com> registered since January 3<\/span>rd<\/span>, 2003, <arcelormittal.com> registered since January 27<\/span>th<\/span>, 2006 and <mittalmetal.com> registered since January 5<\/span>th<\/span>, 2019<\/span>.<\/span><\/p>\n

    The disputed domain name <<\/span>mittalmetallic.com<\/span>> was registered on August 15<\/span>th<\/span>, 2023<\/span> and resolves to a parking page<\/span>. MX servers are configured<\/span>.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "decision_domains": { "mittalmetallic.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }