{
    "case_number": "CAC-UDRP-104721",
    "time_of_filling": "2022-07-25 08:43:40",
    "domain_names": [
        "LYONDELLCHEMICALCOMPANY.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "LyondellBasell Industries Holdings B.V."
    ],
    "complainant_representative": "Claudio Tamburrino (Barzanò & Zanardo Milano S.p.A.)",
    "respondent": [
        "James Grant"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a multinational chemical company with European and American roots going back to 1953-54 forming part of the LyondellBasell Group which is a group of various affiliated companies under the ultimate control of LyondellBasell Industries N.V., headquartered in The Netherlands.\r\n\r\nLyondellBasell Group has become the third largest plastics, chemicals and refining company and the largest licensor of polyethylene and polypropylene technologies in the world. With more than 13,000 employees around the word and manufactures at 55 sites in 17 countries. \r\n\r\nThe Complainant owns rights to the trademark LYONDELLBASELL in relation to a range of goods and services relating to chemicals, petrochemicals, fuels, olefin polymers, and research and consultancy in the fields of chemical and petrochemical processes.\r\n\r\nFurthermore, Lyondell Chemical Company, an affiliate of the LyondellBasell Group owns a number of registrations, in several countries, for the wording LYONDELL in relation to the same goods and services.\r\n\r\nThe disputed domain name <lyondellchemicalcompany.com> was registered on 25 April, 2022 and currently does not resolve to an active website. However, Complaint asserts that the domain name was used for purposes of redirection the website visitors to the official website of LyondellBasell Group with the intention of sending and receiving e-mails, possibly thus for the purposes of attempted phishing and fraud.\r\n\r\nNo information are known about the Respondent who registered the disputed domain name under a privacy shield.",
    "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. \r\n\r\nThe 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. \r\nIn 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.” \r\n\r\nAlthough 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, from the evidences submitted, namely copies of a corporate brochure and a 2020 Annual Report that mention the existence of many companies related to LyondellBasell Industries N.V, the Panel accepts that LyondellBasell Industries Holdings B.V. and Lyondell Chemical Company are affiliated companies, though a more specific claim and evidence would have been preferred. Therefore assertion of the LYONDELL trademark registrations is deemed appropriate. ",
    "decision": "Accepted",
    "panelists": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2022-08-18 00:00:00",
    "informal_english_translation": "The Complainant shows to be the owner of fifty trademarks registered in different countries and regions around the word that incorporate the wording “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. ",
    "decision_domains": {
        "LYONDELLCHEMICALCOMPANY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}