{ "case_number": "CAC-UDRP-105770", "time_of_filling": "2023-09-12 09:20:52", "domain_names": [ "arcelormittalvpn.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Sharon Mabele (AMSA)" ], "respondent_representative": null, "factual_background": "
FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:

The Complainant states that it is the largest steel company in the world and that it is the market leader in steel for use in automotive, construction, household appliances and packaging.

The Complainant adds that it holds sizeable captive supplies of raw materials and operates extensive distribution networks.

The Complainant points out that it is the owner of the international trademark \"ARCELORMITTAL\", registered before the registration of the disputed domain name.

The Complainant submits that it owns an important domain names portfolio, including the domain name <arcelormittal.com> registered since January 27, 2006.

The Complainant considers that the disputed domain name is confusingly similar to its trademark \"ARCELORMITTAL\".

The Complainant notes that the disputed domain name includes its trademark \"ARCELORMITTAL\" in its entirety.

The Complainant observes that the addition of the term “VPN” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark \"ARCELORMITTAL\".

The Complainant asserts that the addition of the term \"VPN\" does not change the overall impression of the designation as being connected to the Complainant’s trademark \"ARCELORMITTAL\". It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and the domain name associated.

The Complainant contends that the addition of the top-level domain \".COM\" does not change the overall impression of the designation as being connected to the Complainant’s trademark.

The Complainant adds that the Respondent has no rights or legitimate interests in respect of the disputed domain name and it is not related in any way with the Complainant.

The Complainant asserts that the Respondent is not known as the disputed domain name.

The Complainant clarifies that it does not carry out any activity for, nor has any business with the Respondent.

The Complainant underlines that 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.

The Complainant notes that the disputed domain name redirects to a parking page.<\/div>\n
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The Complainant contends that the Respondent did not make any use of disputed domain name, and adds that the Respondent has no demonstrable plan to use the disputed domain name. 

Therefore, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.

The Complainant observes that past panels have confirmed the notoriety of the widely known trademark \"ARCELORMITTAL\".

The Complainant points out that, given the distinctiveness of the Complainant's trademarks and the Complainant's reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.

The Complainant adds that, given that the disputed domain name points to a parking page and that the Respondent has not demonstrated any activity in respect of the disputed domain name, 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. The Complainant notes that past Panels have held that this is an evidence of bad faith registration and use.<\/div>\n
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The Complainant notes that the disputed domain name has been set up with MX records, which suggests that it may be actively used for email purposes. The Complainant argues that this may be considered as evidence of bad faith registration and use because any email sent using the disputed domain name could not be used for any good faith purpose.

Therefore, the Complainant considers that the Respondent has registered the disputed domain name and is using it in bad faith.<\/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": "

The Complainant´s contentions are summarised above.<\/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": [ "Michele Antonini" ], "date_of_panel_decision": "2023-10-19 00:00:00", "informal_english_translation": "

The Complainant is the registrant of the international trademark registration No. 947686, “ARCELORMITTAL”, registered on August 3, 2007, for goods and services in classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42.

The disputed domain name was registered by the Respondent on <\/span>September 4, 2023.<\/div>", "decision_domains": { "arcelormittalvpn.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }