{ "case_number": "CAC-UDRP-104789", "time_of_filling": "2022-08-31 10:20:33", "domain_names": [ "Lyondellbasellindustries.asia", "Lyondellbasellindustries.online", "Lyondellbasellindustries.site" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "LyondellBasell Industries Holdings B.V." ], "complainant_representative": "Claudio Tamburrino (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "mojunxia" ], "respondent_representative": null, "factual_background": "The Complainant, LyondellBasell Industries Holdings B.V., is a multinational chemical company with European and American roots going back to 1953-54 when the predecessor company scientists Professor Karl Ziegler and Giulio Natta (jointly awarded the Nobel Prize in Chemistry in 1963) made their discoveries in the creation of polyethylene (PE) and polypropylene (PP). The Complainant is headquartered in The Netherlands and controls the LyondellBasell Group which is formed of various affiliated companies.\r\n\r\nThe Complainant is 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. According to the Complainant’s 2020 annual report LyondellBasell generated $4.9 billion in income from continuing operations, EBITDA of $7.1 billion and $12.28 diluted earnings per share. The Complainant is also listed on the New York Stock Exchange since 2010.\r\nThe Complainant states that it is widely promoted on popular social media such as Twitter and Facebook which is also used for promotional and advertising purposes.\r\n\r\nThe Complainant states that it owns multiple domain names, consisting, inter alia, the LYONDELLBASELL mark, such as which is used as the Complainant’s main website since October 23, 2007.\r\n\r\nThe disputed domain names were registered by the Respondent on July 28, 2022 and do not resolve to any active website. However, the disputed domain name is used in connection to email accounts. ", "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 names.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 have been registered and are 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\nPreliminary Issue: Language of Proceedings\r\n\r\nParagraph 11 of the Rules provides that:\r\n“(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.”\r\n\r\nThe language of the Registration Agreement for the disputed domain names is Chinese.\r\n\r\nThe Complainant requested that the language of the proceeding be English for the following reasons:\r\n(i)\tneither the Complainant nor its representatives understand Chinese;\r\n(ii)\tthe disputed domain names are in Latin characters and includes English terms, “industries”, “site” and “Asia”; \r\n(iii) the Respondent did not object to the request, and\r\n(iv)\trequiring the Complainant to translate the Complaint would incur additional costs and cause unnecessary delays.\r\n\r\nThe Panel cites the following with approval: “Thus, the general rule is that the parties may agree on the language of the administrative proceeding. In the absence of this agreement, the language of the Registration Agreement shall dictate the language of the proceeding. However, the Panel has the discretion to decide otherwise having regard to the circumstances of the case. The Panel’s discretion must be exercised judicially in the spirit of fairness and justice to both parties taking into consideration matters such as command of the language, time and costs. It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her abilities to articulate the arguments for the case.” (See Groupe Auchan v. xmxzl, WIPO Case No. DCC2006 0004).\r\n\r\nHaving considered the above factors, the Panel determines that English be the language of the proceeding. The Panel agrees that the Respondent appear to be familiar with the English language, taking into account the Respondent’s selection of the English-language trademark and the domain names in dispute. In the absence of an objection by the Respondent, the Panel does not find it procedurally efficient to have the Complainant translate the Complaint and evidence into Chinese.", "decision": "Accepted", "panelists": [ "Mr. Jonathan Agmon" ], "date_of_panel_decision": "2022-10-06 00:00:00", "informal_english_translation": "The Complainant is the owner of numerous trademarks worldwide, including but not limited to the following:\r\n- United States Trademark Registration No. 3634012 for LYONDELLBASELL, registered on June 9, 2009;\r\n- United States Trademark Registration No. 5096173 for LYONDELLBASELL, registered on December 6, 2016;\r\n- European Union Trademark Registration No. 006943518 for LYONDELLBASELL, registered on January 21, 2009;\r\n- European Union Trademark Registration No. 013804091 for LYONDELLBASELL, registered on July 2, 2015; and\r\n- International Trademark Registration No. 972681 for LYONDELLBASELL, registered on May 20, 2008.", "decision_domains": { "LYONDELLBASELLINDUSTRIES.ASIA": "TRANSFERRED", "LYONDELLBASELLINDUSTRIES.ONLINE": "TRANSFERRED", "LYONDELLBASELLINDUSTRIES.SITE": "TRANSFERRED" }, "panelist": null, "panellists_text": null }