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": "
FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/p>\n
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. The Complainant is the owner of the international trademark ARCELORMITTAL registered on August 3, 2007 and owner of the domain name <arcelormittal.com> registered since January 27, 2006. The disputed domain name <arcelormittallib.org> was registered on July 12, 2023 and redirects to a site reproducing the Complainant’s trademark and substantial parts of the official website such as its appearance or articles. Besides, MX servers are configured. The Complainant states that the disputed domain name is confusingly similar to its trademark ARCELORMITTAL and its domain names associated, as it includes the Complainant’s trademark in its entirety. The addition of the term “LIB” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark. It does not change the overall impression of the designation as being connected to the Complainant’s trademark. Additionally, this term is short for “LIBERIA”, referring to the Complainant’s Liberian subsidiary, and therefore reinforces the risk of confusion.<\/p>\n
Furthermore, the Complainant contends that the addition of Generic Top-Level Domain suffix “.ORG” does not change the overall impression of the designation as being connected to its trademark. The Complainant states that the Respondent has no rights or legitimate interests in respect of the domain name.<\/p>\n
The Respondent is not identified in the Whois database as the disputed domain name and thus is not commonly known by a disputed domain name. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and 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. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark or apply for registration of the disputed domain name by the Complainant.<\/p>\n
The disputed domain reproduces substantial parts of the Complainant’s official website with its trademark. The Respondent is thus clearly aware of the Complainant and its business as it has copied its official website. Using a confusingly similar domain name that resolves to a similar webpage is not a bona fide offering of goods or services.<\/p>\n
The Complainant finally contends that the disputed domain name was registered and is being used in bad faith. The disputed domain name is confusingly similar to the Complainants distinctive trademark. Past panels have confirmed the notoriety of the trademark ARCELORMITTAL in the following cases: CAC Case No. 101908, ARCELORMITTAL v. China Capital and CAC Case No. 101667, ARCELORMITTAL v. Robert Rudd. 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. Furthermore, the disputed domain name redirects to a website reproducing substantial parts of the Complainant’s website with its trademark. The Complainant argues that the Respondent is attempting to attract Internet users to its website for commercial gain by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of its website and the unauthorized e-mail address. Finally, the disputed domain name has been set up with MX records which suggests that it may be actively used for e-mail purposes. This is also indicative of bad faith registration and use because any e-mail emanating from the disputed domain name could not be used for any good faith purpose.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [ "Petr Hostaš" ], "date_of_panel_decision": "2023-11-01 00:00:00", "informal_english_translation": "
The Complainant is the owner of the international trademark n° 947686 ARCELORMITTAL registered on August 3, 2007. The Complainant further owns domain name <arcelormittal.com> registered since January 27, 2006. The disputed domain name <arcelormittallib.org> was registered on July 12, 2023.<\/p>", "decision_domains": { "arcelormittallib.org": "TRANSFERRED" }, "panelist": null, "panellists_text": null }