WIPO Domain Name Decision D2019-0145 for aceroarcelormittal.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Arcelormittal (SA) v. Admin Contact, PrivateName Services Inc. / Juan Jose Case No. D2019-0145 1. The Parties
The Complainant is Arcelormittal (SA) of Luxembourg, Luxembourg, represented by Nameshield, France.
The Respondent is Admin Contact, PrivateName Services Inc. of Vancouver, British Columbia, Canada / Juan Jose of Toluca, Estado de Mexico, Mexico. 2. The Domain Name and Registrar
The disputed domain name is registered with PSI-USA, Inc. dba Domain Robot (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 23, 2019. On January 23, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 24, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on January 28, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on January 29, 2019.
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 1, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 21, 2019. An informal email communication from the Respondent was received by the Center on January 29, 2019. No further Response was submitted. Accordingly, the Center notified the Parties that it would proceed to panel appointment on February 22, 2019.
The Center appointed Miguel B. O'Farrell as the sole panelist in this matter on March 6, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant Arcelormittal (SA) is one of the largest steel producing companies in the world and a market leader in steel for use in automotive, construction, household appliances and packaging with operations in over 60 countries and extensive distribution networks.
The Complainant is the owner of the international trademark No. 947.688 ARCELORMITTAL registered on August 3, 2007, in classes 06, 07, 09, 12, 19, 21, 39, 40, 41 and 42.
The Complainant has also registered the ARCELORMITTAL trademark as a domain name under several generic Top-Level Domains (“gTLDs”) including registered and used since January 27, 2006.
The Complainant operates in Mexico through its affiliate company Arcelor Mittal Mexico.
The disputed domain name was registered on January 17, 2019, which resolved to a website which displayed the Complainant’s trademark ARCELORMITTAL and contained information regarding steel. 5. Parties’ Contentions A. Complainant
The Complainant contends that the disputed domain name is confusingly similar to the Complainant’s trademark ARCELORMITTAL, that the Respondent has no rights or legitimate interests with respect to the disputed domain name, and that the disputed domain name was registered and is being used in bad faith. The Complainant requests transfer of the disputed domain name to the Complainant.
More specifically, the Complainant contends that the disputed domain name resolved to a website which looked like the official website of the Complainant. Indeed, the Complainant’s trademark is used in the website and the Respondent identifies itself as “Aceros Arceromittal” established at the address: Avenida Francisco J. Mugica No.1A Col. Centro C.P. 60950 Cd.Lazaro Cardenas, Michoacan, which is the official address of the Complainant’s division in Mexico. Thus, the owner of the disputed domain name obviously tries to pass itself off as an affiliate of the Complainant in Mexico for its commercial gain. B. Respondent
An informal email communication from the Respondent was received by the Center on January 29, 2019. No further Response was submitted. 6. Discussion and Findings
According to