{ "case_number": "CAC-UDRP-106640", "time_of_filling": "2024-06-24 11:27:21", "domain_names": [ "arcelomittal.online" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Admin User" ], "respondent_representative": null, "factual_background": "

The Complainant is the steel producing company and, according to the Complainant, it 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. <\/span><\/p>\n

The disputed domain name <\/span>was registered on June 20, 2024 <\/span>and it resolves to a parking page with sponsored links (pay-per-click links or PPC). MX records have also been configured on the disputed domain name.<\/span><\/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": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. In particular, the Complainant argues that the disputed domain name is confusingly similar to its ARCELORMITTAL trademark as it represents the obvious misspelling of this trademark (with the omission of letter \"R\") in combination with \".online\" TLD which should not be taken into account when assessing confusing similarity.<\/p>\n

Regarding the second UDRP element, the Complainant asserts that 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 Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name by the Complainant. The Complainant also claims that the disputed domain name is a typosquatted version of the trademark ARCELORMITTAL and that typosquatting can evidence that a respondent lacks rights and legitimate interests in the domain name. Finally, the Complainant underlines that use of the disputed domain name for a parking page with commercial links is not a bona fide<\/em> offering of goods or services, nor a non-commercial or fair use.<\/p>\n

With respect to the third UDRP element, the Complainant holds that its ARCELORMITTAL trademark is well-known and that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark. The Complainant states the misspelling of the trademark ARCELORMITTAL was intentionally designed to be confusingly similar with the Complainant’s trademark. Further, the disputed domain name points to a parking page with commercial links and the Complainant contends that the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is evidence of bad faith. Finally, the Complainant indicates that MX records are configured on the disputed domain name which suggests that it may be actively used for e-mail 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 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": [ "Stefan Bojovic" ], "date_of_panel_decision": "2024-07-25 00:00:00", "informal_english_translation": "

The Complainant has demonstrated ownership of rights in the trademark ARCELORMITTAL for the purposes of standing to file a UDRP complaint.<\/span><\/p>\n

In particular, the Complainant is the owner of trademark registrations for ARCELORMITTAL including <\/span>International trademark registration No. 947686 for ARCELORMITTAL (word mark), registered on August 3, 2007, duly renewed and covering goods and services in classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42.<\/span><\/p>\n

The Complainant also refers to ownership over the domain name <arcelormittal.com> that incorporates its ARCELORMITTAL trademark, and which is registered since January 27, 2006.<\/span><\/p>", "decision_domains": { "arcelomittal.online": "TRANSFERRED" }, "panelist": null, "panellists_text": null }