Decisión del Panel Administrativo nº D2017-2269 of WIPO Arbitration and Mediation Center, January 16, 2018 (case ArcelorMittal S.A. v. Yongkun Wang / 王永坤)

Resolution DateJanuary 16, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

ArcelorMittal S.A. v. Yongkun Wang / 王永坤

Case No. D2017-2269

1. The Parties

The Complainant is ArcelorMittal S.A. of Luxembourg, represented by Nameshield, France.

The Respondent is Yongkun Wang /王永坤 of Shanghai, China, self-represented.

2. The Domain Names and Registrar

The disputed domain names [arcelormittal.club], [arcelormittal.fun], [arcelormittal.ink], [arcelormittal.kim] and [arcelormittal.store] are registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on November 15, 2017. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 16, 2017, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant of all the disputed domain names and providing the contact details. On November 16, 2017 and November 18, 2017, the Respondent sent two emails in English to the Center regarding the proceeding.

On November 20, 2017, the Center sent an email in English and Chinese to the Parties regarding the language of the proceeding. On the same day, the Complainant sent an email requesting that English be the language of the proceeding, while the Respondent sent an email requesting that Chinese be the language of the proceeding, addressing substantive issues and offering to transfer for the disputed domain name for RMB1000.

The Center verified that the 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 in English and Chinese of the Complaint, and the proceedings commenced on November 29, 2017. In accordance with the Rules, paragraph 5, the due date for the Response was December 19, 2017. On November 29, 2017 and December 1, 2017, the Respondent submitted two emails reiterating his request that Chinese be the language of the proceeding and addressing other procedural issues. On December 5, 2017, in accordance with the Rules, paragraph 5(b), the Respondent requested a four day extension to file the Response. Accordingly, the Center notified the Parties that the due date for the Response was extended to December 23, 2017. The Response was filed with the Center on December 23, 2017.

The Center appointed Matthew Kennedy as the sole panelist in this matter on January 5, 2018. 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 is a major steel producer with operations in more than 60 countries around the world. The Complainant is the owner of international trademark registration number 947686 for ARCELORMITTAL, registered on August 3, 2007, designating multiple jurisdictions, including China, and specifying goods and services in classes 6, 7, 9, 12, 19, 21, 39, 40, 41 and 42. The Complainant is also the registrant of domain names including [arcelormittal.com], registered on January 27, 2006, that it uses in connection with its official website.

The Respondent is an individual located in China. The disputed domain names were all registered on November 11, 2017. As at the time of filing of the Complaint, each disputed domain name resolved to a parking page in Chinese and English advising that “the domain is for sale!” At the time of this Decision, the disputed domain names no longer resolve to any active website.

5. Parties’ Contentions

A. Complainant

The disputed domain names are identical to the Complainant’s ARCELORMITTAL trademark. Each disputed domain name contains that trademark without the adjunction of any letter or word. The addition of the new Top-Level Domain (“TLD”) suffixes does not change the overall impression that the disputed domain names are connected to the Complainant’s trademark.

The Respondent has no rights or legitimate interests in respect of the disputed domain names. The Respondent is not related in any way to the Complainant. The Complainant has not granted any licence or authorization to the Respondent to apply...

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