{
    "case_number": "CAC-UDRP-104498",
    "time_of_filling": "2022-04-25 09:58:21",
    "domain_names": [
        "lyondellchemienederland.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "LyondellBasell Industries Holdings B.V."
    ],
    "complainant_representative": "Claudio Tamburrino (Barzanò & Zanardo Milano S.p.A.)",
    "respondent": [
        "Steven Smith"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nLyondellBasell Group is a multinational chemical company with European and American roots going back to 1953-54. It has become the third largest plastics, chemicals and refining company and the largest licensor of polyethylene and polypropylene technologies in the world. The Complainant has over 13,000 employees around the globe and manufactures at 55 sites in 17 countries. Its products are sold into approximately 100 countries. In 2007 the company merged with Lyondell Chemical Company and Basell AF SCA. LyondellBasell Group is formed of various affiliated companies, all of them under the ultimate control of LyondellBasell Industries N.V., headquartered in The Netherlands. Complainant owns rights to the trademark LYONDELLBASELL in relation to a range of products and services relating to chemicals, petrochemicals, fuels, olefin polymers, and research and consultancy in the fields of chemical and petrochemical processes. Further, the company Lyondell Chemical Company owns a number of registrations, in several countries, for the trademark LYONDELL listing such goods and services as chemicals, oils and lubricants, vehicles, furniture, clothing, and design engineering services relating to chemical and petrochemical plants, pipelines, and exploration.\r\n\r\nThe disputed domain name was registered on January 19, 2022 and does not resolve to an active website. However, the domain name was used by the Respondent to send emails to Complainant’s clients and impersonate one of Complainant’s employees for the purposes of attempted phishing and fraud.",
    "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": "NO 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.\r\n\r\nHowever, a preliminary procedural question has been raised with respect to certain of the trademark rights asserted and the named Complainant in this action. The named Complainant is LyondellBasell Industries Holdings B.V. and this entity is the listed owner of the asserted registrations for the LYONDELLBASELL trademark. The Complaint also asserts rights in the trademark LYONDELL and submits evidence of registrations owned by an entity named Lyondell Chemical Company which is not listed as a Complainant in the present action. In asserting the LYONDELL trademark registrations, the Complaint claims that “According to the UDRP jurisprudence any one party of multiple related parties, on behalf of the other interested parties, may bring a Complaint and is to be considered to have standing in dispute (see paragraph 1.4.2 of WIPO Overview 3.0 and the decisions mentioned thereto).” Paragraph 1.4.2 of the cited WIPO Overview 3.0 states that “Where multiple related parties have rights in the relevant mark on which a UDRP complaint is based, a UDRP complaint may be brought by any one party, on behalf of the other interested parties.”\r\n\r\nThe Complaint goes on to state that “LyondellBasell Group is formed of various affiliated companies, all of them under the ultimate control of LyondellBasell Industries N.V., headquartered in The Netherlands.” Although it does not specifically claim that LyondellBasell Industries Holdings B.V. and Lyondell Chemical Company are two of these “affiliated companies” under the umbrella of LyondellBasell Group, it notes that “[t]he Complainant of this administrative proceeding is LyondellBasell Industries Holdings B.V., filer of this Complaint also on behalf of the other interested parties (Lyondell Chemie Nederland B.V., LyondellBasell Industries N.V. and Lyondell Chemical Company”. Submitted into evidence are copies of a corporate brochure and a 2020 Annual Report and these mention the existence of many companies related to LyondellBasell Industries N.V. Although a more specific claim and evidence would have been preferred, under the circumstances of the present case, and in the absence of any objection by the Respondent, the Panel is prepared to accept that LyondellBasell Industries Holdings B.V. and Lyondell Chemical Company are affiliated companies and that assertion of the LYONDELL trademark registrations is appropriate.",
    "decision": "Accepted",
    "panelists": [
        "Steven M. Levy, Esq."
    ],
    "date_of_panel_decision": "2022-05-25 00:00:00",
    "informal_english_translation": "The Complainant claims ownership of fifty registrations of the LYONDELLBASELL trademark in relation to a range of products and services relating to chemicals, petrochemicals, fuels, olefin polymers, and research and consultancy in the fields of chemical and petrochemical processes. Amongst these are the following:\r\n\r\n- US Trademark Registration No. 3634012 for LYONDELLBASELL dated June 9, 2009;\r\n- US Trademark Registration No. 5096173 for LYONDELLBASELL dated December 6, 2016;\r\n- European Union Trademark Registration No. 006943518 for LYONDELLBASELL dated January 21, 2009; and\r\n- European Union Trademark Registration No. 013804091 for LYONDELLBASELL dated July 2, 2015.\r\n\r\nMany additional trademark registrations for the LYONDELL mark, which are owned by Lyondell Chemical Company, are also asserted including European Union Trademark Registration No. 001001866 for LYONDEL dated May 22, 2000 listing such goods and services as chemicals, oils and lubricants, vehicles, furniture, clothing, and design engineering services relating to chemical and petrochemical plants, pipelines, and exploration.",
    "decision_domains": {
        "LYONDELLCHEMIENEDERLAND.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}