{
    "case_number": "CAC-UDRP-107261",
    "time_of_filling": "2025-01-23 10:33:39",
    "domain_names": [
        "arcelormittal-canada.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "ARCELORMITTAL"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Eric  Philipson"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a Luxembourgian company that is the largest steel production company in the world that is also engaged in the provision of related goods and services. It offers its goods and services under the ARCELORMITTAL trademark and to that end owns the International Trademark for ARCELORMITTAL&nbsp; No. 947686, registered on October 3, 2007 (&ldquo;the ARCELORMITTAL trademark&rdquo;). It also owns several domain names including &lt;arcelormittal.com&gt; which it uses for its website at www. arcelormittal.com, where it promotes its goods and services.<\/p>\n<p>The Respondent registered the &lt;arcelormittal-canada.com&gt; domain name on January 21, 2025 (&ldquo;the Disputed Domain Name&rdquo;). The Disputed Domain Name is inactive.<\/p>\n<p>The Complainant is concerned that the Disputed Domain Name gives the impression that it relates to the Complainant and its goods and services in Canada and, moreover, as it is configured for MX servers, it is apparent that it may well be used for illegitimate activities to the detriment of the Complainant and its good name. Accordingly, the Complainant has instituted this proceeding to have the Disputed Domain Name transferred to itself.<\/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>COMPLAINANT<\/p>\n<p>The Complainant made the following contentions.<\/p>\n<ol>\n<li>The Complainant is a Luxembourgian company that is the largest steel production company in the world and is also engaged in the provision of related goods and services.<\/li>\n<li>It offers its goods and services under the ARCELORMITTAL trademark and to that end owns the International Trademark for ARCELORMITTAL No.947686, registered on October 3, 2007 (&ldquo;the ARCELORMITTAL trademark&rdquo;).<\/li>\n<li>The Complainant also owns several domain names including &lt;arcelormittal.com&gt; which it uses for its website at www.arcelormittal.com, where it promotes its goods and services.<\/li>\n<li>The Complainant has thus developed a high degree of renown and popularity in its industry; as a result, its name, trademark and brand are well-known and were well-known by the time the Respondent registered the Disputed Domain Name.<\/li>\n<li>The Respondent registered the &lt;arcelormittal-canada.com&gt; domain name on January 21, 2025 (&ldquo;the Disputed Domain Name&rdquo;).<\/li>\n<li>The Disputed Domain Name is confusingly similar to the ARCELORMITTAL trademark. That is because it consists of the ARCELORMITTAL trademark with the addition of a hyphen, the country name &ldquo;canada&rdquo; and the generic Top Level Domain &ldquo;.com&rdquo;, none of which can negate a finding of confusing similarity between a domain name and a trademark.<\/li>\n<li>The Disputed Domain Name does not resolve to an active website but is inactive.<\/li>\n<li>The Respondent has no rights or legitimate interests in the Disputed Domain Name as:&nbsp;(a) the Disputed Domain Name is so formulated that it misleads internet users into believing that there is an affiliation between the Complainant and the Respondent, which there is not;<\/li>\n<\/ol>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (b) the Respondent is not commonly known by the Disputed Domain Name and is not related to the Complainant in any way;<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (c) the Complainant has not given to the Respondent any license nor authorization to use the ARCELORMITTAL trademark in a domain name or in any other way;<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (d) the Disputed Domain Name is inactive;<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (e) the Respondent has not used the Disputed Domain Name for a <em>bona fide <\/em>offering of goods or services within the meaning of Policy &nbsp;<span>paragraph <\/span>4(c)(i) or for any other purpose; and<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (f) there is no other ground on which it could conceivably be shown that the Respondent has a right or legitimate interest in the Disputed Domain Name.<\/p>\n<ol start=\"9\">\n<li>The Respondent has registered and used the Disputed Domain Name in bad faith. That is so because:<\/li>\n<\/ol>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (a) &nbsp;in view of the fame of the trademark, the Respondent had actual knowledge of the Complainant and its ARCELORMITTAL trademark prior to the registration of the Disputed Domain Name;<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (b) the ARCELORMITTAL trademark had acquired a high degree of distinctiveness prior to the registration of the Disputed Domain Name and is a famous trademark;<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (c) the Disputed Domain Name has not been used for any legitimate purpose but resolves to an inactive web site;<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (d) the Disputed Domain Name is configured for MX servers, giving rise to the possibility that it may be used for email purposes; and<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (e) all of the acts, facts, matters and circumstances to be shown by the evidence will establish that the Respondent has registered and used the Disputed Domain Name in bad faith.<\/p>\n<p>RESPONDENT<\/p>\n<p>The Respondent did not file a Response in this proceeding.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Nameis 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": [
        "Neil Brown"
    ],
    "date_of_panel_decision": "2025-02-19 00:00:00",
    "informal_english_translation": "<p>The Complainant has established by evidence that it is the owner of the following trademark: &nbsp;the International Trademark for ARCELORMITTAL, No. 947686, registered on October 3, 2007;<\/p>",
    "decision_domains": {
        "arcelormittal-canada.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}