{
    "case_number": "CAC-UDRP-106163",
    "time_of_filling": "2024-01-16 10:11:17",
    "domain_names": [
        "lojaarcemittal.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "ARCELORMITTAL"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "IASMIN KELLY DA SILVA MACIEL TAVARES"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a steel manufacturer operating worldwide and is the market leader in steel in the automotive, construction, household appliances and packaging&nbsp; fields, with a production of 59 million tons of crude steel in 2022.&nbsp;<\/p>\n<p>The disputed domain name was registered on 12 January 2024 in the name of a Brasilian individual, and resolves to a website, which is a copy of the Complainant&rsquo;s Brasilian website and displays the Complainant's trademark and logo.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>1. The Complainant<\/p>\n<p>The Complainant maintains that the disputed domain name is confusingly similar to the Complainant's trademark as the deletion of the sequence \"lor\" of the ARCELORMITTAL trademark, and the addition of term \"loja\", meaning \"store\" in Portuguese, are not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant's mark.&nbsp; On the one side, the Complainant's trademark is still recognisable within the disputed domain name and, on the other side, the addition of the term \"loja\" directly refers to the Complainant's website at \"<a href=\"http:\/\/www.loja.arcelormittal.com.br\">www.loja.arcelormittal.com.br\"<\/a>.<\/p>\n<p>The Complainant further maintains that the Respondent lacks rights or legitimate interests in the disputed domain name.&nbsp; The Respondent is not identified in the Whois database as the disputed domain name. The Respondent is in no way related to the Complainant, and the Respondent does not carry out any business for the Complainant.&nbsp; The Complainant has not authorised the Respondent to make use of its ACELORMITTAL trademark, or to apply for the registration of the disputed domain name. The disputed domain name points to a page identical to the Complainant's website at \"<a href=\"http:\/\/www.loja.arcelormittal.com.br\">www.loja.arcelormittal.com.br\"<\/a>. This use cannot be considered a bona fide offer of goods or services or a legitimate use of the disputed domain name, since the website connected to the disputed domain name misleads consumers as to its origin.&nbsp;<\/p>\n<p>Lastly, the Complainant contends that the disputed domain name was registered and is being used in bad faith.&nbsp; The Complainant's ARCELORMITTAL trademark is widely known and has a strong reputation.&nbsp; Given the distinctive character and reputation of the Complainant's trademark it is reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant's mark.&nbsp; The disputed domain name resolves to a page, which is the copy of one of the Complainant's websites.&nbsp; Accordingly, 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 mark as to the source, sponsorship, affiliation or endorsement of its website.&nbsp;<\/p>\n<p>2. The Respondent<\/p>\n<p>The Respondent did not reply to the Complainant's contentions.&nbsp;<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2024-02-22 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the various trademark registrations for ARCELORMITTAL worldwide, including international registration No. 947686, registered on 3 August 2007 for goods and services in classes <span>06, 07, 09, 12, 19, 21, 39, 40, 41 and 42 and designating various jurisdictions<\/span>.&nbsp; Moreover, the Complainant owns a large portfolio of domain names consisting of the trademark ARCELORMITTAL, including &lt;arcelormittal.com&gt;, registered on 27 January 2006 and &lt;arcelormittal.com.br&gt;, registered on 26 June 2006.&nbsp;<\/p>",
    "decision_domains": {
        "lojaarcemittal.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}