{
    "case_number": "CAC-UDRP-106546",
    "time_of_filling": "2024-05-17 12:25:13",
    "domain_names": [
        "arcelrornittal.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "ARCELORMITTAL"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Eloise  Madden"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a world company specialized in steel producing and is the market leader in steel for use in automotive, construction, household appliances and packaging with 58.1 million tons crude steel made in 2023.&nbsp;<\/p>\n<p>The Complainant also owns an important domain names portfolio, such as the domain name &lt;arcelormittal.com&gt;, registered on January 27, 2006.&nbsp;<\/p>\n<p>The disputed domain name was registered on May 15, 2024, and resolves to a &nbsp;parking page with commercial links. Besides, MX servers are configured.<\/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><strong>1. Complainant<\/strong><\/p>\n<p>The Complainant asserts that each of the elements enumerated in paragraph 4(a) of the Policy and the corresponding provisions in the Rules have been satisfied.&nbsp; In particular, the Complainant asserts that:&nbsp;&nbsp;<\/p>\n<p>(1) the disputed domain name is confusingly similar to its ARCELORMITTAL trademark in which the Complainant has rights. The obvious misspelling of the Complainant&rsquo;s trademark ARCELORMITTAL (i.e. the reversal of the letters &ldquo;O&rdquo; and &ldquo;R&rdquo; and the substitution of the letter &ldquo;M&rdquo; by the visually similar letters &ldquo;RN&rdquo;) is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant&rsquo;s trademark and the disputed domain name. The addition of the gTLD &ldquo;.COM&rdquo; does not change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark;<\/p>\n<p>(2) the Respondent has no rights or legitimate interests in respect of the disputed domain name, and it is not related in any way with the Complainant. The Respondent is not identified in the Whois database as the disputed domain name and is not known as the disputed domain name.&nbsp; The Complainant does not carry out any activity for, nor has any business with the Respondent.&nbsp; Neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark ARCELORMITTAL, or apply for registration of the disputed domain name by the Complainant. Moreover, the Complainant also claims that the disputed domain name is a typosquatted version of the trademark ARCELORMITTAL. The disputed domain name redirects to a parking page with commercial links, which should not be considered a bona fide offering of goods or services, nor as legitimate non-commercial or fair use;<\/p>\n<p>(3) the disputed domain name was registered and is being used in bad faith. The Complainant&rsquo;s trademark ARCELORMITTAL is widely known. The Respondent has registered the disputed domain name with full knowledge of the Complainant&rsquo;s trademark.&nbsp; The misspelling of the trademark ARCELORMITTAL was intentionally designed to be confusingly similar with the Complainant&rsquo;s trademark. Furthermore, the disputed domain name points to a parking page with commercial links. The Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant&rsquo;s trademarks for its own commercial gain, which is an evidence of bad faith. The Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant&rsquo;s rights under trademark law. Finally, the disputed domain name has been set up with MX records which suggests that it may be actively used for email purposes.<\/p>\n<p><strong><span style=\"font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;\">2. <\/span><\/strong><strong style=\"font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;\">Respondent<\/strong><\/p>\n<p>The Respondent did not reply to the Complainant&rsquo;s contentions.<\/p>\n<p><strong>&nbsp;<\/strong><\/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": [
        "Ganna Prokhorova"
    ],
    "date_of_panel_decision": "2024-06-25 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the international trademark portfolio, including international trademark no. 947686 ARCELORMITTAL, registered on August 3, 2007 for goods and services in classes 06, 07, 09, 12, 19, 21, 39, 40, 41, 42 of the International Classification of Goods and Services.&nbsp;<\/p>",
    "decision_domains": {
        "arcelrornittal.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}