Complainant states that it 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.”<\/p>\n
The Disputed Domain Name was created on January 6, 2024. Complainant states, and provides relevant evidence in support thereof, that the Disputed Domain Name is being used in connection with a website that “resolves to a copy of the Complainant’s official website https:\/\/loja.arcelormittal.com.br\/, displaying notably its trademark and logo,” and that MX records are configured for the Disputed Domain Name.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that the Disputed Domain Name, which appears as <açosarcemittal.com>, is confusingly similar to the ARCELORMITTAL Trademark because “the deletion of the sequence ‘LOR’ in the trademark ARCELORMITTAL and the addition of the generic term ‘ACOS’ (signifying ‘STEEL’ in Portuguese)… does not change the overall impression of the designation as being connected to the Complainant’s trademark.”<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “Respondent is not identified in the Whois database as the disputed domain name”; “Complainant does not carry out any activity for, nor has any business with the Respondent”; “[n]either 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”; and “the disputed domain name points to a page copying the Complainant's official website.”<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “Complainant’s trademark ARCELORMITTAL is widely known”; “[g]iven the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant’s trademark”; because “the contested domain name points to a page copying the Complainant’s official website… the Respondent has intentionally attempted to attract, for commercial purposes, internet users to its website, by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation or endorsement of its website”; and the configuration of MX records “suggests that… the disputed domain name may be actively used for email purposes.”<\/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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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": [ "Douglas Isenberg" ], "date_of_panel_decision": "2024-02-06 00:00:00", "informal_english_translation": "
Complainant states, and provides relevant evidence in support thereof, that it is the owner of Int’l Reg. No. 947,686 (registered on August 3, 2007) for the mark ARCELORMITTAL for use in connection with, inter alia, “common metals and their alloys” (the “ARCELORMITTAL Trademark”).<\/p>", "decision_domains": { "XN--AOSARCEMITTAL-IGB.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }