{
    "case_number": "CAC-UDRP-105461",
    "time_of_filling": "2023-05-31 10:01:47",
    "domain_names": [
        "eu-lyondellbasell.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": [
        "Hosting Concepts BV d\/b\/a Registrar.eu"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant <span>LYONDELLBASELL INDUSTRIES HOLDINGS B.V. is part of the <\/span>LyondellBasell Group which 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).<\/p>\n<p>Ever since, LyondellBasell Group has become the third largest plastics, chemicals and refining company and the largest licensor of polyethylene and polypropylene technologies in the world.&nbsp;<\/p>\n<p>LyondellBasell Group manages its operations through five operating segments:<\/p>\n<ul>\n<li>Olefins and Polyolefins&mdash;Americas: produces and markets olefins and co-products, polyethylene and polypropylene;<br \/><br \/><\/li>\n<li>Olefins and Polyolefins&mdash;Europe, Asia, International: produces and markets olefins and co-products, polyethylene, and polypropylene, including polypropylene compounds;<br \/><br \/><\/li>\n<li>Intermediates and Derivatives: produces and markets propylene oxide and its derivatives, oxyfuels and related products and intermediate chemicals, such as styrene monomer, acetyls, ethylene oxide and ethylene glycol;<br \/><br \/><\/li>\n<li>Refining: refines heavy, high-sulfur crude oil and other crude oils of varied types and sources available on the U.S. Gulf Coast into refined products including gasoline and distillates;<br \/><br \/><\/li>\n<li>Technology: develops and licenses chemical and polyolefin process technologies and manufactures and sells polyolefin catalysts.<\/li>\n<\/ul>\n<p>According to the 2020 annual report LyondellBasell Group generated $4.9 billion in income from continuing operations, EBITDA of $7.1 billion and $12.28 diluted earnings per share.&nbsp; LyondellBasell Group is listed on the New York Stock Exchange since 2010.<\/p>\n<p>LyondellBasell Group is formed of various affiliated companies, all of them under the ultimate control of LyondellBasell Industries N.V., headquartered in The Netherlands:<\/p>\n<p>The Complainant is LYONDELLBASELL INDUSTRIES HOLDINGS B.V. which owns several trademarks including the wording LYONDELLBASELL.<\/p>\n<p>The disputed domain name &lt;eu-lyondellbasell.com&gt; was registered on August 11, 2022. &nbsp;The disputed domain name currently resolves to an inactive website. However, it is set up with MX records.<\/p>\n<p>According to the Complainant <span>the disputed domain name is undoubtedly confusingly similar to the \"LYONDELLBASELL\" mark, since it incorporates entirely the trademark, with the only addition of the prefix &ldquo;eu-&ldquo;.&nbsp;<\/span><\/p>\n<p>Furthermore, in the Complainant's view, <span>the Respondent lacks rights or legitimate interests in the disputed domain name especially because (i) the Complainant has no relationship with the Respondent, (ii) the Respondent has never received any approval of the Complainant to use its trademarks \"LYONDELLBASELL\" and (iii) there is no evidence that the Respondent has acquired any rights in a trademark or trade name corresponding to the disputed domain name.<\/span><\/p>\n<p>Finally, the Complainant contends that the Respondent has registered a domain name containing a well-known third party&rsquo;s trademark without authorization and that the disputed domain name, despite not actively used, is set up to send and receive e-mail, therefore indicating a high risk that it could be involved in phishing activities.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>",
    "no_response_filed": "<p>Complainant&acute;s contentions are summarised above.<\/p>\n<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.&nbsp;<\/p>",
    "rights": "<p>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).<\/p>",
    "no_rights_or_legitimate_interests": "<p>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).<\/p>",
    "bad_faith": "<p>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).<\/p>",
    "procedural_factors": "<p>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.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Guido Maffei"
    ],
    "date_of_panel_decision": "2023-07-06 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of several trademarks.<\/p>\n<p><span>In particular, LYONDELLBASELL INDUSTRIES HOLDINGS B.V. owns:<\/span><\/p>\n<ul>\n<li>EUTM \"LYONDELLBASELL\" n&deg;006943518 filed on May 16, 2008, and regularly registered and renewed for classes 1, 4, 17, 42 and 45;<\/li>\n<li>EUTM \"LYONDELLBASELL\" n&deg;01304091 filed on March 6, 2015, and regularly registered for classes 1, 4, 17, 42 and 45;<\/li>\n<li>US trademark \"LYONDELLBASELL\" serial n&deg;77467965 filed on May 7, 2008, and regularly registered and renewed for classes 1, 4, 17, 35 and 42;<\/li>\n<li>US trademark \"LYONDELLBASELL\" serial n&deg;86555801 filed on March 6, 2015, and regularly registered for classes 1, 4, 17, 42 and 45.<\/li>\n<\/ul>",
    "decision_domains": {
        "eu-lyondellbasell.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}