{ "case_number": "CAC-UDRP-106134", "time_of_filling": "2024-01-04 15:09:12", "domain_names": [ "arceiormittal.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ben Beasley" ], "respondent_representative": null, "factual_background": "

The Complainant is a company engaged in the specialized production of steel and is the largest producer of steel in the world. It does this under its aforesaid international trademark for ARCELORMITTAL.<\/p>\n

The Complainant owns several domain names such as <arcelormittal.com> registered on January 27, 2006 and which it uses in its business.<\/p>\n

The Respondent registered the disputed domain name <arceiormittal.net> on December 28, 2023. The disputed domain name resolves to an inactive website.<\/p>\n

The Complainant is concerned that in creating the disputed domain name the Respondent has embodied the entirety of the ARCELORMITTAL mark and that it has been used to resolve to an inactive website with the obvious potential for improper use.<\/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": "

A. COMPLAINANT<\/strong><\/p>\n

The disputed domain name is confusingly similar to the ARCELORMITTAL Trademark in which the Complainant has rights. In creating the disputed domain name, the Respondent has embodied in it the entirety of the ARCELORMITTAL mark.<\/p>\n

The Respondent has made an obvious misspelling of the trademark in the domain name, deleting the letter \"l\" where first appearing and replacing it with the letter \"i\", a characteristic typosquatting practice which gives the impression that the domain name is an official domain name of the Complainant. That misspelling does not negate a finding of confusing similarity.<\/p>\n

The Respondent has no rights or legitimate interests in the disputed domain name. Initially, the Complainant has to make out a prima facie case on this issue and if it is made out, the Respondent must then establish that it has such a right or legitimate interest.

<\/p>\n

The Respondent has no rights or legitimate interests in respect of the disputed domain name as:<\/p>\n

(a) the Respondent is not commonly known by the domain name, is not related to the Complainant or carry out any activity for, nor have any business with, the Respondent. Nor has the Complainant granted any licence or authorization to the Respondent to make any use of the Complainant's trademark or to register the domain name;<\/p>\n

(b) the Respondent has engaged in typosquatting in constructing the disputed domain name; and<\/p>\n

(c) the Respondent has caused the disputed domain name to resolve to an inactive website.

<\/p>\n

The Respondent has registered and used the disputed domain in bad faith. That is so because:<\/p>\n

(a) the disputed domain name is confusingly similar to the ARCELORMITTAL trademark;<\/p>\n

(b) the ARCELORMITTAL trademark had become famous by the time the Respondent registered the disputed domain name and thus the Respondent must have had actual knowledge of the Complainant and its trademark;<\/p>\n

(c) the misspelling of the ARCELORMITTAL trademark in the disputed domain name was intentionally designed so that the disputed domain name would be confusingly similar to the trademark;<\/p>\n

(d) the Respondent has caused the disputed domain name to resolve to an inactive website with the potential for subsequent improper use of the disputed domain name;<\/p>\n

(e) the Respondent was attempting to pass itself off as the Complainant; and<\/p>\n

(f) MX servers are configured to enable the disputed domain name to be used for e-mail purposes.<\/p>\n

<\/p>\n

The Complainant has cited several prior UDRP decisions that it maintains support its submissions.<\/p>\n

Thus, the Complainant submits that it can establish all of the elements required to be proved under the Policy and that it is therefore entitled to the relief that it seeks.<\/p>\n

<\/p>\n

B. RESPONDENT<\/strong><\/p>\n

The Respondent did not file a Response in this proceeding.<\/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": [ "Neil Brown" ], "date_of_panel_decision": "2024-02-02 00:00:00", "informal_english_translation": "

The Complainant is the owner of the registered international trademark for ARCELORMITTAL, Registration No.947686 and registered on August 3, 2007 (\"the ARCELORMITTAL trademark\").<\/p>", "decision_domains": { "arceiormittal.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }