Arcelormittal v Ishwar Kumar, Ishwar Kumar

WIPO Case No. D2025-1373

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

Arcelormittal v. Ishwar Kumar, Ishwar Kumar

Case No. D2025-1373

1. The Parties

The Complainant is Arcelormittal, Luxembourg, represented by Nameshield, France.

The Respondent is Ishwar Kumar, Ishwar Kumar, India.

2. The Domain Name and Registrar

The disputed domain name <arcelormittalkrivoy.com> is registered with DreamHost, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 4, 2025. On
April 4, 2025, the Center transmitted by email to the Registrar a request for registrar verification in
connection with the disputed domain name. On April 4, 2025, 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 (Proxy Protection LLC) and contact information in the Complaint.
The Center sent an email communication to the Complainant on April 7, 2025, 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 April 7, 2025.

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 April 9, 2025. In accordance with the Rules, paragraph 5, the due date for Response was April 29, 2025. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 30, 2025.

The Center appointed Simone Huser as the sole panelist in this matter on May 6, 2025. 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.

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4. Factual Background

The Complainant is a steel manufacturing corporation headquartered in Luxembourg.

The Complainant holds several domain names containing the term “Arcelormittal”, among them the domain name <arcelormittal.com> which hosts the Complainant’s main website.

The Complainant owns various trademark registrations worldwide, including the International Trademark registration No. 947686 ARCELORMITTAL, which was registered on August 3, 2007.

Because the Respondent did not file a Response, not much is known about the Respondent.

The disputed domain name was registered on April 2, 2025.

According to the evidence submitted with the Complaint, the disputed domain name resolved to an error page which contains a reference to the email address “(…)@arcelormittalkrivoy.com”.

5. Parties’ Contentions

A. Complainant

The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.

Notably, the Complainant contends as follows:

The disputed domain name is confusingly similar to the ARCELORMITTAL trademark in which the
Complainant has rights, because it incorporates this trademark in its entirety, and the addition of the term
“krivoy” is not sufficient to avoid confusing similarity. “Krivoy” is understood as a reference to Krivoy Rog,
which is another name for the Ukrainian city Kryvyi Rih, where the Complainant is established.

The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent has not been authorized by the Complainant to use the trademark ARCELORMITTAL, is not commonly known by the disputed domain name, and there is no evidence of the Respondent’s use, or demonstrable preparation to use, the disputed domain name in connection with a bona fide offering of goods and services.

The disputed domain name was registered in bad faith because it is obvious that the Respondent had knowledge of the Complainant’s widely-known trademark ARCELORMITTAL at the time it registered the disputed domain name.

The Respondent is using the disputed domain name in bad faith, as it is not possible to conceive of any plausible actual or contemplated use of the disputed domain name that would not be illegitimate. Furthermore, the disputed domain name has been set up with MX records, which suggests that it may be actively used for email purposes.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

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6. Discussion and Findings

According to paragraph 4(a) of the Policy, in order to succeed, a complainant must establish each of the following elements:

(i) the disputed domain name is identical or confusingly similar to the trademark or service mark in which the

complainant has rights;

(ii) the respondent has no rights or legitimate interests in respect of the disputed domain name; and

(iii) the disputed domain name has been registered and is being used in bad faith.

A. Identical or Confusingly Similar

It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s trademark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition, (“WIPO Overview 3.0”), section 1.7.

The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy.

WIPO Overview 3.0, section 1.2.1.

The Panel finds the entirety of the mark is reproduced within the disputed domain name.

The Panel finds that the additional term “krivoy” is understood as a reference to Krivoy Rog, which is another name for the Ukrainian city Kryvyi Rih, where the Complainant is active.

Although the addition of other terms may bear on assessment of the second and third elements, the Panel finds the addition of the term “krivoy” does not prevent a finding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8.

The addition of the generic Top-Level Domain (“gTLD”) “.com” in the disputed domain name is a standard registration requirement and as such may be disregarded under the confusing similarity test under the Policy, paragraph 4(a)(i). See WIPO Overview 3.0, section 1.11.1.

The Panel finds the first element of the Policy has been established.

B. Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name.

Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring information that is often primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of proof always remains on the complainant). If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element. WIPO Overview 3.0, section 2.1.

Having reviewed the available record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has

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not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise.

Based on the available record, the Panel finds the second element of the Policy has been established.

C. Registered and Used in Bad Faith

The Panel notes that, for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.

Paragraph 4(b) of the Policy sets out a list of non-exhaustive circumstances that may indicate that a domain name was registered and used in bad faith, but other circumstances may be relevant in assessing whether a respondent’s registration and use of a domain name is in bad faith. WIPO Overview 3.0, section 3.2.1.

Panels have found that the non-use of a domain name would not prevent a finding of bad faith under the doctrine of passive holding. WIPO Overview 3.0, section 3.3. Having reviewed the available record, the Panel notes the distinctiveness and reputation of the Complainant’s trademark, the failure of the Respondent

to submit a Response or to provide any evidence of actual or contemplated good faith use, the Respondent’s
use of false contact details as evidenced by the inability of the courier to deliver the Center’s Written Notice
to the address disclosed by the Registrar for the Respondent. Therefore, the Panel finds that in the
circumstances of this case the passive holding of this disputed domain name, based on the evidence

provided in the Complaint, does not prevent a finding of bad faith under the Policy.

The Panel finds that the Complainant has established the third element of the Policy.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <arcelormittalkrivoy.com> be transferred to the Complainant.

/Simone Huser/
Simone Huser
Sole Panelist
Date: May 9, 2025