Arcelormittal v Sophia

WIPO Case No. D2024-4705

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

Arcelormittal v. Sophia

Case No. D2024-4705

1. The Parties

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

The Respondent is Sophia, United States of America.

2. The Domain Name and Registrar

The disputed domain name <vip-arcelormittal.com> (the “Domain Name”) is registered with Dominet (HK)

Limited (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 14,
2024. On November 15, 2024, the Center transmitted by email to the Registrar a request for registrar
verification in connection with the Domain Name. On November 18, 2024, the Registrar transmitted by email
to the Center its verification response disclosing registrant and contact information for the Domain Name
which differed from the named Respondent (Unknown) and contact information in the Complaint. The
Center sent an email communication to the Complainant on November 18, 2024, 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 November 18, 2024.

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 November 20, 2024. In accordance with the Rules, paragraph 5, the due date for Response was December 10, 2024. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 11, 2024.

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The Center appointed Mathias Lilleengen as the sole panelist in this matter on December 20, 2024.
The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and

Declaration of Impartiality and Independence, as required to ensure compliance with the Rules, paragraph 7.

4. Factual Background

The Complainant is a large global steel producing company. The Complainant owns the international trademark n° 947686 ARCELORMITTAL registered on August 3, 2007. The Complainant also owns domain names, such as <arcelormittal.com> registered since 2006.

The Domain Name was registered on November 13, 2024. At the time of the Complaint, the Domain Name resolved to an online webstore that misleads consumers into thinking that the services offered for sale on the website originate from the Complainant. The website displays the Complainant’s trademark and offers financial services. At the time of drafting the Decision, the Domain Name resolves to an error page.

5. Parties’ Contentions

A. Complainant

The Complainant provides evidence of trademark registrations before the Domain Name was registered and argues that the Domian Name is confusingly similar to the Complainant’s trademark. The addition of “VIP” is not sufficient to change the overall impression of the designation as being connected to the Complainant’s

trademark.

The Complainant argues that the Respondent has no rights or legitimate interests in respect of the Domain Name. The Respondent is not related with the Complainant in any way and has not been authorized by the Complainant. The Respondent is not making a legitimate noncommercial or fair use of the Domain Name.

The Respondent has used the Domain Name to host a website to impersonate the Complainant. There is no disclaimer on the page of the website to identify its owner. The Respondent’s use is not bona fide.

The Complainant believes the Respondent knew of the Complainant’s trademark. The Complainant believes the Respondent deliberately chose the Domain Name and registered it in bad faith with the Complainant in mind in order to attract, for commercial gain, Internet users to the Respondent’s website, by creating a likelihood of confusion with the Complainant's mark.

B. Respondent

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

6. Discussion and Findings

A. Identical or Confusingly Similar

The test for confusing similarity involves a reasoned but relatively straightforward comparison between the
Complainant’s trademark and the Domain Name. Where a domain name incorporates the entirety of a
trademark, the domain name will normally be considered confusingly similar to that mark for purposes of
UDRP standing. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition
(“WIPO Overview 3.0”), section 1.7.

The Complainant has established that it has rights in the trademark ARCELORMITTAL. The Domain Name incorporates the Complainant’s trademark with the addition of “vip-”. The addition does not prevent a finding of confusing similarity. See WIPO Overview 3.0, section 1.8. For the purpose of assessing the confusing

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similarity under paragraph 4(a)(i) of the Policy, the Panel may ignore the generic Top-Level Domain (“gTLD”)

“.com”; see WIPO Overview 3.0, section 1.11.1.

Based on the available record, 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. While 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 often-impossible 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. If the respondent fails to come forward with
such relevant evidence, the complainant is deemed to have satisfied the second element.
See WIPO Overview 3.0, section 2.1.

Having reviewed the record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the Domain Name. The Respondent has not rebutted the Complainant’s showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the Domain Name. Based on the record, the Respondent is not affiliated or related to the Complainant. There is no evidence that the Respondent has registered the Domain Name as a trademark or acquired trademark rights. There is no evidence of the Respondent’s use of, or demonstrable preparations to use, the Domain Name in connection with a bona fide offering of goods or services. Rather, the Respondent’s use of the Domain Name is evidence of bad faith, see below, and as such does not confer rights or legitimate interests upon the Respondent.

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.

The Respondent knew of the Complainant when the Respondent registered the Domain Name. It follows from the composition and use of the Domain Name. The unauthorized use of the Domain Name to impersonate the Complainant is clear evidence of bad faith.

For the reasons set out above, the Panel concludes that the Domain Name was registered and is being used in bad faith, within the meaning of paragraph 4(a)(iii) of the Policy. The third element of the Policy has been established.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders the Domain Name <vip-arcelormittal.com> transferred to the Complainant.

/Mathias Lilleengen/
Mathias Lilleengen
Sole Panelist
Date: December 24, 2024