{
    "case_number": "CAC-UDRP-107345",
    "time_of_filling": "2025-02-19 16:23:02",
    "domain_names": [
        "arcelormittal-tenders.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ARCELORMITTAL"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Eric  Philipson"
    ],
    "respondent_representative": null,
    "factual_background": "<p>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n<p>The Complainant) is a company specialized in steel producing in the world.<\/p>\n<p>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.<\/p>\n<p>The Complainant also owns an important domain names portfolio, such as the domain name &lt;arcelormittal.com&gt; registered since January 27, 2006.<\/p>\n<p>The disputed domain name &lt;arcelormittal-tenders.com&gt; was registered on February 17, 2025 and is inactive. Besides, MX servers are configured.<\/p>",
    "other_legal_proceedings": "<p>The Panel is unaware of any other pending or decided legal proceedings relating to the disputed domain name.<\/p>",
    "no_response_filed": "<p><strong>COMPLAINANT<\/strong><\/p>\n<p>A. THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR<\/p>\n<p>The Complainant states that the disputed domain name is confusingly similar to its trademark &ldquo;ARCELORMITTAL&rdquo; and its domain name associated as it is identically contained.<\/p>\n<p>The addition of the term &ldquo;TENDERS&rdquo; is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark &ldquo;ARCELORMITTAL&rdquo;. It does not change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark.<\/p>\n<p>Furthermore, the Complainant contends that 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. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated.<\/p>\n<p>Consequently, the disputed domain name is confusingly similar to Complainant&rsquo;s trademark ARCELORMITTAL.<\/p>\n<p>B. RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTEREST IN RESPECT OF THE DISPUTED DOMAIN NAME<\/p>\n<p>The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name.&nbsp;<\/p>\n<p>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.<\/p>\n<p>Neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark &ldquo;ARCELORMITTAL&rdquo;, or apply for registration of the disputed domain name by the Complainant.<\/p>\n<p>Finally, the disputed domain name is inactive. The Complainant contends that the Respondent did not use the disputed domain name or has no demonstrable plan to use the disputed domain name.<\/p>\n<p>Thus, in accordance with the foregoing, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.<\/p>\n<p>C. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS BEING USED IN BAD FAITH<\/p>\n<p>The Complainant contends that the disputed domain name is confusingly similar to its distinctive trademark &ldquo;ARCELORMITTAL&rdquo;.<\/p>\n<p>The Complainant&rsquo;s trademark &ldquo;ARCELORMITTAL&rdquo; is widely known. Past panels have confirmed the notoriety of the trademark ARCELORMITTAL.<\/p>\n<p>Given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.<\/p>\n<p>Furthermore, the disputed domain name points to an inactive page. The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain names, and it is not possible to conceive of any plausible actual or contemplated active use of the domain names 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. 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.<\/p>\n<p>Finally, the disputed domain name has been set up with MX records which suggests that it may be actively used for e-mail purposes.<\/p>\n<p>On those facts, the Complainant contends that Respondent has registered the disputed domain name and is using it in bad faith.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>RESPONDENT<\/strong><\/p>\n<p>No administratively compliant Response was filed.<\/p>",
    "rights": "<p>To the satisfaction of the Panel, the Complainant has shown that the disputed domain name is identical or confusingly similar to the trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>To the satisfaction of the Panel, the Complainant has 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>To the satisfaction of the Panel, the Complainant has 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 have been met, and there is no other reason why it would be unsuitable for providing the Decision.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Rodolfo Rivas Rea"
    ],
    "date_of_panel_decision": "2025-03-17 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the international trademark n&deg; 947686 &ldquo;ARCELORMITTAL&rdquo;, registered on August 3, 2007.<\/p>",
    "decision_domains": {
        "arcelormittal-tenders.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}