The Complainant is a recognized steel producing company for use in automotive, construction, household appliances and packaging with 58.1 million tons crude steel made in 2023. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.<\/p>\n
The Complainant has steel manufacturing in 15 countries, customers in 140 countries, it has 126,756 employees (as of December 31, 2023) at a worldwide scale, it holds more than 200 trademarked products, counts with 831 patent families and has more than 100 R&D Programs in progress. <\/p>\n
The Complainant also owns the domain name <arcelormittal.com> registered since January 27, 2006.<\/p>\n
The disputed domain name <axcelormittal.com<\/strong>> was registered on April 23, 2024,<\/strong> and resolves to a parking page with sponsored pay-per-click (“PPC”) links website, with active MX records.<\/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": " Complainant Contentions<\/strong>:<\/p>\n In relation to the first element of the Policy, in summary, the Complainant contends that the disputed domain name <axcelormittal.com<\/strong>> is confusingly similar to its trademark ARCELORMITTAL; that he obvious misspelling of the Complainant’s trademark ARCELORMITTAL (i.e. substitution of the letter “R” by the letter “X”) is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name.<\/p>\n In relation to the second element of the Policy, in summary, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, given that the Respondent is not commonly known by the disputed domain name; that there is no commercial link and\/or any kind of relationship or business relationship between the Parties; 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 by the Complainant; that a website with PPC links related to the Complainant, doesn’t constitute a bona fine<\/em> offering of goods and services or legitimate non-commercial or fair use as set out in paragraph 4.(c)(i) and (iii) of the Policy.<\/p>\n In relation to the third element of the Policy, in summary, the Complainant contends regarding bad faith registration, that given the notoriety of the Complainant’s trademark ARCELORMITTAL, confirmed by previous panelists, i.e.: ARCELORMITTAL v. China Capital<\/em>, CAC-UDRP Case No. 101908; ARCELORMITTAL v. Robert Rudd<\/em>, CAC-UDRP Case No. 101667; ArcelorMittal SA v. Tina Campbell<\/em>, WIPO Case No. DCO2018-0005, it was reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant's trademark; that the intentional misspelling of the trademark in the disputed domain name, was designed to be confusingly similar with the Complainant’s trademark, which reinforces Respondent’s bad faith; regarding bad faith use, the Complainant contends that as previous panelists have found, where a PPC website with commercial links related to the Complainant, constitute an evidence of bad faith use as set out in paragraph 4.b.(iv) of the Policy. Finally, the Complainant contends that since MX servers are configured, suggests that the disputed domain name may be actively used for email purposes, citing JCDECAUX SA v. Handi Hariyono<\/em>, CAC-UDRP Case No. 102827.<\/p>\n Response<\/strong><\/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 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": [
"María Alejandra López García"
],
"date_of_panel_decision": "2024-05-26 00:00:00",
"informal_english_translation": " The Complainant ARCELORMITTAL S.A. formed in 2006, is a multinational corporation, specialized in steel manufacturing and mining, headquartered in Luxembourg City.
The Complainant is the owner of the international trademark, Reg. No. 947686 ARCELORMITTAL (word mark), registered on August 3, 2007, and in force until August 3, 2027, in International Classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42.<\/p>",
"decision_domains": {
"axcelormittal.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}