Decisión del Panel Administrativo nº DIR2018-0020 of WIPO Arbitration and Mediation Center, March 06, 2019 (case Arcelormittal (SA) v. Mortaza Heydary)

• Resolution Date: March 06, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Irán (.ir)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Arcelormittal (SA) v. Mortaza Heydary

Case No. DIR2018-0020

1. The Parties

Complainant is Arcelormittal (SA) of Luxembourg, Luxembourg, represented by Nameshield, France.

Respondent is Mortaza Heydary of Nishapur, Islamic Republic of Iran.

2. The Domain Name and Registrar

The disputed domain name [mital.ir] is registered with IRNIC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 18, 2018. On December 18, 2018, the Center transmitted by email to IRNIC a request for registrar verification in connection with the disputed domain name. On December 19, 2018, IRNIC transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the .ir Domain Name Dispute Resolution Policy (the “Policy” or “irDRP”), the Rules for .ir Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for .ir Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on January 15, 2019. In accordance with the Rules, paragraph 5(a), the due date for Response was February 4, 2019. On February 5, 2019, the Center notified Respondent’s default.

The Center appointed Stephanie G. Hartung as the sole panelist in this matter on February 13, 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

Complainant is a legal entity organized under the laws of Luxembourg that is the world’s largest steel producing company with operations in more than 60 countries and the leading supplier of quality steel products in all major markets including automotive, construction, household appliances and packaging.

Complainant has evidenced to be the registered owner of the following International (IR) trademark with protection, inter alia, for the territory of the Islamic Republic of Iran:

- Word mark MITTAL, World Intellectual Property Organization (WIPO), Registration No.: 1198046, Registration Date: December 5, 2013, Status: Active.

Furthermore, Complainant operates a website at “www.arcelormittal.com” in order to promote its products and business.

Respondent, who according to the WhoIs information is a resident of the Islamic Republic of Iran, has registered the disputed domain name on or before December 12, 2018. It appears from the Case File that up until the rendering of this decision, the disputed domain name has neither been actively used on the Internet nor in any other way.

Complainant requests that the disputed domain name be transferred to Complainant.

5. Parties’ Contentions

A. Complainant

Complainant submits that the disputed domain name is confusingly similar to its MITTAL trademark as the deletion of the letter “T” is not sufficient to escape such finding, and that the country-code Top Level Domain (ccTLD) “.ir” is not in contrast thereto either. Moreover, Complainant asserts that Respondent has no rights or legitimate interests in respect of the disputed domain name since (1) given Respondent’s name as it is reflected in the WhoIs information, Respondent is neither commonly known by the disputed...