{ "case_number": "CAC-UDRP-106836", "time_of_filling": "2024-09-03 09:50:37", "domain_names": [ "arcelorminttal.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ARCELORMITTAL" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "sky wagon (toptech)" ], "respondent_representative": null, "factual_background": "

A. Complainant's Factual Allegations<\/span><\/strong><\/p>\n

The Complainant 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 58.1 million tons crude steel made in 2023. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.<\/span><\/p>\n

B. Respondent's Factual Allegations<\/span><\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceedings and has consequently made no factual allegations.<\/span><\/p>\n

The Respondent is toptech (sky wagon) based at the address of 1124 Florida Central Pkwy, Longwood, FL, Post Code 32750, United States.<\/span><\/p>\n

The disputed domain name was registered on August 30, 2024 by the Respondent, as confirmed by the Registrar.<\/span><\/p>\n

As at the time of filing of the Complaint, the disputed domain name resolved to an inactive page. <\/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": "

A. COMPLAINANT<\/span><\/strong><\/p>\n

The Complainant's contentions can be summarized as follows:<\/span><\/p>\n

I. The disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant states that the disputed domain name <arcelorminttal.com> is confusingly similar to its trademark <\/span>“ArcelorMittal<\/span>”and its domain name associated as it is identically contained. The obvious misspelling of the Complainant<\/span>’s trademark (i.e. the addition of the letter <\/span>“N<\/span>”) is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant<\/span>’s trademark and the disputed domain name.<\/span><\/p>\n

II. The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he 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.<\/span><\/p>\n

Moreover, the Complainant also claims that the disputed domain name is a typosquatted version of the trademark. Besides, the disputed domain name resolves to an inactive page.<\/span><\/p>\n

III. The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The Complainant contends that its trademark <\/span>“ArcelorMittal<\/span>” is widely known. Given the distinctiveness of its trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/span><\/p>\n

Moreover, the Complainant states the misspelling of the trademark was intentionally designed to be confusingly similar with the Complainant<\/span>’s trademark. <\/span><\/p>\n

The disputed domain name resolves to an inactive page. 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 domain name by the Respondent. As prior WIPO UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.<\/span><\/p>\n

Finally, the disputed domain name has been set up with MX records which suggests that it may be actively used for email purposes. This is also indicative of bad faith registration and use because any email emanating from the disputed domain name could not be used for any good faith purpose.<\/span><\/p>\n

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/span><\/p>\n

B. RESPONDEENT<\/span><\/strong><\/p>\n

No administratively compliant Response has been filed.<\/span><\/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": [ "Yunze Lian" ], "date_of_panel_decision": "2024-10-10 00:00:00", "informal_english_translation": "

The Complainant is the owner of the international trademark No. 947686, “ArcelorMittal”, registered on August 3, 2007 in classes of 6, 7, 9, 12, 19, 21, 39, 40, 41, 42 in various jurisdictions, including European Union, Australia, USA and other countries. The trademark was duly renewed with expiry date of August 3, 2027. <\/span><\/p>\n

The Complainant also owns an important domain names portfolio, such as the domain name<arcelormittal.com> registered since January 27, 2006.<\/span><\/p>", "decision_domains": { "arcelorminttal.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }