{
    "case_number": "CAC-UDRP-104037",
    "time_of_filling": "2021-09-29 09:12:29",
    "domain_names": [
        "lyondlellbasell.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "LyondellBasell Industries Holdings B.V."
    ],
    "complainant_representative": "Barzanò & Zanardo Milano S.p.A.",
    "respondent": [
        "Enock Kazige"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, LyondellBasell Industries Holdings B.V. is a multinational chemical company and its roots go back to 1953. The Complainant has more than 13000 employees around the world; manufactures at 55 sites in 17 different countries and its products are sold in 100 countries.\r\n\r\nThe Complainant holds several trademark registrations for “LYONDLELLBASELL” and “LYONDLELLBASELL” and the Complainant also holds the domain names bearing LYONDLELLBASELL” and “LYONDLELLBASELL”.\r\n\r\nOn October 6, 2020; the Respondent registered the disputed domain name <lyondlellbasell.com>. The disputed domain name is currently inactive.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s well-known and distinctive trademarks “LYONDELLBASELL” and “LYONDELL” as it bears the Complainant’s “LYONDELLBASELL” trademark as a whole with the addition of the letter “L” between “LYOND” and “ELL”.\r\n\r\nThe Complainant states that the disputed domain name contains an obvious misspelling of the Complainant’s trademark and the present case is a clear example of typosquatting where the disputed domain name is a slight alphabetical variation of the Complainant’s trademark.\r\n\r\nThe Complainant refers to earlier decisions including Telecom Personal, S.A., v. NAMEZERO.COM, Inc, WIPO Case No.D2001-0015 and Société Générale and Fimat International Banque v. Lebanon Index\/La France DN and Elie Khouri, WIPO Case No.D2002-0760, the top level “.com” is merely instrumental to the use of the Internet so the domain names remain confusingly similar despite their inclusion.\r\n\r\n\r\n2. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant states that the Respondent has no rights on the disputed domain name as the Respondent is not known as the disputed domain name and as the Respondent does not hold any trademark for “LYONDELLBASELL” and “LYONDELL”.\r\n\r\nThe Complainant also states that the Respondent is neither affiliated nor authorized by the Complainant in any way.\r\n\r\nThe Complainant also alleges that neither license nor authorization has been granted to the Respondent to use the Complainant’s trademarks “LYONDELLBASELL” and “LYONDELL”.\r\n\r\nThe Complainant argues that the Respondent is not using the disputed domain name in connection with bona fide offering of goods or services or a legitimate non-commercial or fair use.\r\n\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant indicates that the Respondent intentionally used a misspelled version of the Complainant’s trademarks in order to create a confusing similarity. \r\n\r\nThe Complainant argues that “LYONDELLBASELL” trademark consists of a distinctive and fanciful word and the Respondent could not ignore the existence of “LYONDELLBASELL” and “LYONDELL” trademarks belonging to the Complaiant.\r\n\r\nThe Complainant asserts that considering the well-known status of the Complainant’s trademarks, the Respondent knew about the Complainant and its rights before the registration of the disputed domain name. Accordingly, the disputed domain name was registered and is being used in bad faith.\r\n\r\nThe Complainant states that the disputed domain name is not being used for any bona fide offering and this fact, not being used of the disputed domain name, alone is sufficient to prove the bad faith of the Respondent according to many WIPO UDRP decisions.\r\n\r\nThe Complainant alleges that the disputed domain name has not been using by the Respondent and the passive holding of the disputed domain name demonstrates the bad faith of the Respondent.\r\n\r\nThe Complainant also alleges that the Respondent registered the disputed domain name for scamming purposes. The Complainant argues that the disputed domain name has been used in order to send communications impersonating the Complainant.\r\n\r\nAccordingly, the Complainant alleges that the disputed domain name was registered and is being used in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2021-11-12 00:00:00",
    "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:\r\n\r\n- the US trademark LYONDELLBASELL (registration n°3634012) dated May 7, 2008;\r\n\r\n- the US trademark LYONDELLBASELL (registration n°5096173) dated December 6, 2016;\r\n\r\n- the EU trademark LYONDELLBASELL (registration n°006943518) dated May 16, 2008;\r\n\r\n- the EU trademark LYONDELLBASELL (registration n°013804091) dated March 6, 2015;\r\n\r\n- the EU trademark LYONDELL (registration n°001001866) dated November 26, 1998; and\r\n\r\n- the IR trademark LYONDELLBASELL (registration n°972681) dated May 5, 2008.\r\n\r\n\r\nMoreover, the Complainant is also the owner of the domain names bearing the signs “LYONDELLBASELL” and “LYONDELL” such as the domain names <lyondellbasell.com>, <lyondell.com>.",
    "decision_domains": {
        "LYONDLELLBASELL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}