Arcelormittal-sweden.com

The timeline behind arcelormittal-sweden.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

Case number CAC-UDRP-105013 Time of filing 2022-11-24 09:42:12 Domain names arcelormittal-sweden.com Case administrator Organization Denisa Bilík (CAC) (Case admin) Complainant Organization ARCELORMITTAL (SA) Complainant representative Organization NAMESHIELD S.A.S. Respondent Name Anonymous Anonymous 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. Identification Of Rights The Complainant is the owner of the international trademark registration no. 947686 "ARCELORMITTAL", granted on August 3, 2007. Likewise, the Complainant also owns the domain name <ARCELORMITTAL.COM>, registered on January 27, 2006. Factual Background FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT: - The Complainant owns the trademark "ARCELORMITTAL", subject to international trademark registration no. 947686, granted back in 2007. - The Respondent has registered the disputed domain name <arcelormittal-sweden.com> in 2022, which, as of this day, resolves to an inactive page. - The Complainant contends that the Respondent uses the domain name <arcelormittal-sweden.com> is passively holding it in bad faith. Parties Contentions No administratively compliant Response has been filed. 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). 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). 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). 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. Principal Reasons for the Decision THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO THE COMPLAINANT`S TRADEMARK The Panel finds that the disputed domain name <arcelormittal-sweden.com> is confusingly similar to the trademark “ARCELORMITTAL” and to the relative domain name <ARCELORMITTAL.COM> registered by the Complainant, which has proven to have prior rights since 2006-2007. In particular, the Panel agrees that the addition of a geographic term “Sweden” is not sufficient to avoid the finding that the disputed domain name actually is confusingly similar to the trademark ARCELORMITTAL. As a matter of fact, not only the addition of "Sweden" does not change the overall impression of the wording at issue, but it even worsens the likelihood of confusion between the disputed domain name and the Complainant’s trademark ARCELORMITTAL, considering that the Complainant has well-demonstrated businesses worldwide. In this regard, similar decisions issued by Panelists of CAC confirmed the above circumstance (see, among others, CAC Case No. 102535, ARCELORMITTAL (SA) v. Todd Peter <canada-arcelormittal.com>). THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME According to the information provided by the Complainant, the Respondent is not affiliated nor authorized by the Complainant in any way. Likewise, the Complainant neither licensed nor authorized the Respondent to make any use of its trademark “ARCELORMITTAL”, or to apply for registration of the disputed domain name on behalf of the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. It is undeniable that Complainant is only required to make out a prima facie case that the Respondent lacks rights or legitimate interests in respect of the disputed domain name. Once such prima facie case is made, respondent carries the burden of demonstrating rights or legitimate interests in the domain name. If the respondent fails to do so, the complainant is deemed to have satisfied paragraph 4(a) (ii) of the Policy. Given all the above and taken into account the fact that the Respondent did not provide any response within the present proceeding, the Panel accepts the contentions of the Complainant that the Respondent has no such rights or legitimate interests in the disputed domain name. THE DISPUTED DOMAIN NAME HAS BEEN REGISTERED AND IS BEING USED IN BAD FAITH The Panel finds that the Complainant successfully submitted prima facie evidence that the Respondent has made no use of, or demonstrable preparations to use, neither of the disputed domain name in connection with a bona fide offering of goods or services, nor is making a legitimate non-commercial or fair use of the disputed domain name. This prima facie evidence was not challenged by the Respondent. In the absence of a Response and given the reputation of the Complainant and its trademarks, the Panel infers that the Respondent had the Complainant's trademark "ARCELORMITTAL" in mind when registering the disputed domain name. 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 (WIPO - D2000-0003 - Telstra Corporation Limited v. Nuclear Marshmallows and WIPO - D2000-0400 - CBS Broadcasting, Inc. v. Dennis Toeppen). Consequently, the Panel believes that the disputed domain name was registered and is being (passively) used in bad faith, in order to prevent the Complainant from reflecting the mark in the disputed domain name. For all the reasons stated above, the Complaint is Accepted and the disputed domain name(s) is (are) to be arcelormittal-sweden.com: Transferred PANELLISTS Name Tommaso La Scala Date of Panel Decision 2023-01-02 Publish the Decision

Source of record: CAC . Reproduced for research; CAC is the authoritative source.