{
    "case_number": "CAC-UDRP-100337",
    "time_of_filling": "2011-11-16 15:25:56",
    "domain_names": [
        "Lyondelleurope.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "Lyondell Chemical Company "
    ],
    "complainant_representative": "PORTA CHECCACCI & ASSOCIATI Spa",
    "respondent": [
        "Domain Names Sale Lease Individual "
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nLyondellBasell is one of the world’s largest plastics, chemical and refining companies, has annual revenues of approximately $41 billion and more than 14,000 employees worldwide. \r\n\r\nLYONDELLBASELL is owner of several trademarks and domain names with keyword “Lyondell” .\r\n\r\nThe domain name LYONDELLEUROPE object of the present claim was registered on August 02, 2011  by  Domain Names Sale Lease Individual Andrey Serkov\r\n\r\nThe disputed domain constitutes usurpation and violation of the rights of the Complainant Lyondell Chemical Company with regard to its company name, trademarks and domain names.\r\n\r\nLyondellBasell claims to be one of the world’s largest polymers, petrochemicals and fuels companies and a global leader in polyolefins technology, production and marketing; a pioneer in propylene oxide (PO) and derivatives; and a significant producer of fuels and refined products, including biofuels. \r\n\r\nIdentical and\/or Confusingly Similar:\r\n \r\nThe domain name lyondelleurope.com can be confused with:\r\na) the company name Lyondell Chemical Company \r\nb) the trade mark applications and \/ or trademark registrations valid in the world with keyword LYONDELL. \r\nc) the domain names. \r\n\r\nThe disputed domain is identical \/ similar to the marks and \/ or signs of ownership of the LYONDELLBASELL Group having as \"heart\" the name \"Lyondell”.\r\n\r\nRespondent incorporated Complainant’s entire LYONDELL mark in the LYONDELLEUROPE domain name while merely adding either whole or abbreviated geographic qualifiers such as “Europe”.  The addition of geographic or generic terms to a mark generally does not render a disputed domain name distinct for the purposes of Policy ¶ 4(a)(i).\r\n\r\nLyondellbasell Group is a well-known name worldwide and the Complainant obtained rights in the name prior to the Respondent’s registration of the domain name.\r\n\r\nGiven that it is unlikely that the Respondent registered the domain name without knowing the existence of the Complainant. \r\n\r\nThe disputed domain name lyondelleurope.com can become a negative vehicle of communication due to the fact that such domain is linked to a pornorgraphic site. This also creates a damage to the reputation of LYONDELLBASELL Group.\r\n\r\nThe Respondent wrongfully benefits by the distinctiveness, fame and commercial goodwill obtained during all these years by the large use of the sign LYONDELL  - through the media - being linked to the fame and reputation of LYONDELLBASELL Group that have had for years in the Italian and international market. \r\n\r\nIn Complainant’s opinion, the use of the domain name lyondelleurope.com that is done by the respondent it is a manner to catch the flow of internet users who have mistyped Complainant’s URL address enabling Respondent to increase the traffic to its website lyondelleurope.com and derive more revenues as a result.\r\n\r\n\r\nRights or Legitimate Interests:\r\n\r\nThe Complainant has not authorized or licensed the Respondent to use the Complainant’s trade mark or trade name so that Respondent is using a domain name confusingly identical of Lyondellbasell Group’s well-known mark to ensnare unsuspecting Internet users. \r\n\r\nRespondent has registered the domain name under the name Lyondelleurope.com (on August 2, 2011 ) and there is no other evidence in the record suggesting that respondent is known with the sign “LYONDELL”; on the contrary the Respondent is known as a provider with 386 domain names registered.\r\n\r\nThe Complainant could credibly state that they are unaware of any reason or circumstance which could be indicative of such right or legitimate interest in the Lyondelleurope.com domain. \r\n\r\nRegistration in bad faith:\r\n\r\nThe Respondent does not have any rights or legitimate interests in the domain name. \r\n\r\nRespondent’s use of the domain name < Lyondelleurope.com> for a pornographic website constitutes an independent ground for bad faith under UDRP Rules.\r\n\r\nThe domain name was registered in bad faith for the sole purpose of creating an interference with the well-known brand LYONDELL. Therefore, such domain name Lyondelleurope.com has been carried out with the sole purpose of exploiting the reputation of the complainant and draw on its website users. \r\n\r\nThere is no reasonable possibility that the domain name was selected by Respondent for any purpose other than a brazen attempt to create a likelihood of confusion with Complainant’s marks. Such an attempt is evidence of the registration and use of a domain name in bad faith. \r\n\r\nIt is commonly understood, under WIPO case law, that the addressing of the domain names to a pornographic site is itself certainly consistent with the finding that the Domain Name was registered and is being used in bad faith”.\r\n\r\nRespondent has registered and is using the disputed domain name in bad faith because it resolves to a site offering adult-oriented materials and links to adult-oriented sites. This use does constitute bad faith registration and use under Policy ¶ 4(b)(iv).  \r\n\r\nMr. Andrey Serkov \/ Domain Names Sale Lease Individual (“Respondent”) was already involved in the re-assignment procedure See Devin Harris v. Andrey Serkov \/ Domain Names Sale Lease Individual FA1008001342145 (Nat. Arb. Forum October 12, 2010) (.. where the Complainant Devin Harris alleged that Respondent’s disputed domain name resolves to a website displaying adult-oriented images… .the Panel finds that Respondent is attempting to intentionally attract Internet users to its website for commercial gain by incorporating Complainant’s mark in the disputed domain name.  The Panel concludes that this is evidence of bad faith registration and use pursuant to Policy ¶ 4(b)(iv). \r\n\r\n",
    "other_legal_proceedings": "The panel is not aware of any other legal proceedings pending or decided between the same parties and relating to the disputed domain name. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n\r\n\r\n\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is confusingly similar to a trademark  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 that the Respondent has no rights or legitimate interests in respect of the 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 that the 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": [
        "Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2012-01-02 00:00:00",
    "informal_english_translation": "The Complainant has proved to be the owner of several registered trademarks containing the name «LYONDELL».\r\n\r\n\r\n\r\n",
    "decision_domains": {
        "LYONDELLEUROPE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}