The Complainant (LyondellBasell Industries Holdings B.V.) is member of LyondellBasell Group, 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
Ever since, LyondellBasell 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<\/p>\n
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The disputed domain name <lyondellbasell.sbs> was registered on 11 August 2022 and is held by the Respondent.<\/p>\n
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The domain name website (i.e. website to which the disputed domain name resolves) has no genuine content and does not resolve to an active website.<\/p>\n
<\/p>\n
The Complainant seeks transfer of the disputed domain name to Complainant.<\/p>", "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.<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
<\/p>\n
CONFUSING SIMILARITY<\/p>\n
The Complainant states that:<\/p>\n
- The disputed domain name contains the distinctive “LYONDELLBASELL” word element, and it is thus identical to Complainant’s trademarks;<\/p>\n
- The addition of the term “SBS” as top-level-domain is not sufficient to escape the finding that the disputed domain name is confusingly similar to Complainant's trademarks, as it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, Complainant's trademarks and its business. On the contrary, such indication meaning “side by side” may further mislead the consumers.<\/p>\n
Thus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.<\/p>\n
<\/p>\n
NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n
The Complainant states that:<\/p>\n
- The Respondent has not been commonly known by the disputed domain name;<\/p>\n
- The Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Complainant (or the other related parties) has no relationship with the Respondent whatsoever;<\/p>\n
- Furthermore, the domain name website has been inactive, which implies that there is no Respondent’s intention to use the disputed domain name for legitimate purposes.<\/p>\n
<\/p>\n
<\/p>\n
BAD FAITH REGISTRATION AND USE<\/p>\n
The Complainant states that:<\/p>\n
- Complainant’s trademarks pre-dates the registration of the disputed domain name and the Respondent has never been authorized by the Complainant to register it;<\/p>\n
- Complainant’s trademarks enjoy status of well-known trademarks and the Respondent must have been aware of their existence while registering the disputed domain name;<\/p>\n
- The purpose of the use and registration of the disputed domain has been, inter alia, an intentional attempt to attract, for commercial gain, companies by creating a likelihood of confusion with the Complainant’s trademarks and its company name;<\/p>\n
- Disputed domain name does not resolve to any genuine content, which constitutes passive holding. Registration and passive holding of a domain name, which has no other legitimate use and clearly refers to the Complainant's trademark, may constitute registration and use in bad faith.<\/p>\n
<\/p>\n
<\/p>\n
RESPONDENT:<\/p>\n
The Respondent has not provided any response to the Complaint.<\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Jiří Čermák" ], "date_of_panel_decision": "2023-07-11 00:00:00", "informal_english_translation": "
The Complainant is, inter alia, a registered owner of the following trademarks containing a word element \" LYONDELLBASELL”:<\/p>\n
(i) LYONDELLBASELL (word), US trademark, priority date 21 November 2007, trademark registration no. 3634012, registered for goods and services in int. classes 1, 4, 17, 35, and 42;<\/p>\n
(ii) LYONDELLBASELL (word), EU Trademark, priority date 16 May 2008, trademark application no. 006943518, registered for goods and services in int. classes 1, 4, 17, 42, and 45,<\/p>\n
besides other national, EU and International (WIPO) trademarks consisting of the \" LYONDELLBASELL\" denomination.<\/p>\n
(collectively referred to as \"Complainant's trademarks\").<\/p>\n
<\/p>\n
The word element \" LYONDELLBASELL\" is also a part of Complainant's registered company name LyondellBasell Industries Holdings B.V. and various other companies affiliated with the Complainant.<\/p>\n
<\/p>\n
The Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “LYONDELLBASELL”.<\/p>", "decision_domains": { "lyondellbasell.sbs": "TRANSFERRED" }, "panelist": null, "panellists_text": null }