The Complainant, LyondellBasell Industries Holdings B.V. is a multinational chemical company and its roots go back to 1953. The Complainant has more than 13000 employees around the world; manufactures at 55 sites in 17 different countries and its products are sold in 100 countries.<\/p>\n
The Complainant holds several trademark registrations for “LYONDELLBASELL” and “LYONDELL” and the Complainant also holds the domain names bearing “LYONDELLBASELL” and “LYONDELL”.<\/p>\n
On February 21, 2023; the Respondent registered the disputed domain name <lyyondlellbasell.com>. The disputed domain name redirects to a website dedicated to betting and porn content. <\/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
The disputed domain name is confusingly similar to the Complainant’s well-known and distinctive trademarks “LYONDELLBASELL” and “LYONDELL” as it bears the Complainant’s “LYONDELLBASELL” trademark as a whole with the duplicate letter “Y” in “LYONDELL”.<\/p>\n
The Complainant states that the disputed domain name contains an obvious misspelling of the Complainant’s trademark and the Complainant’s trademark is clearly recognizable in the disputed domain name.<\/p>\n
The Complainant also contends that the top level “.com” is merely instrumental to the use of the Internet so the domain names remain confusingly similar despite their inclusion.<\/p>\n
<\/p>\n
The Complainant states that the Respondent has no rights on the disputed domain name as the Respondent is not known as the disputed domain name and as the Respondent does not hold any trademark for “LYONDELLBASELL” and “LYONDELL”.<\/p>\n
The Complainant also states that the Respondent is neither affiliated nor authorized by the Complainant in any way.<\/p>\n
The Complainant also alleges that neither license nor authorization has been granted to the Respondent to use the Complainant’s trademarks “LYONDELLBASELL” and “LYONDELL”.<\/p>\n
The Complainant argues that the Respondent is not using the disputed domain name in connection with bona fide offering of goods or services or a legitimate non-commercial or fair use.<\/p>\n
It is also claimed by the Complainant that the disputed domain name is redirected to a website dedicate to betting and porn content, with advertising, which aims to generate traffic and commercial advantage with the confusion generated by the typo constituted by the double “Y” with respect to Complainant’s principal website <lyondellbasell.com>.<\/p>\n
Lastly, the Complainant states that the domain name is set up to send email, therefore indicating that it could be involved in phishing activities\/storage spoofing and it is in fact highly possible that such similar account email could be used from fraud attempt. The fact that LYONDELL is a fanciful word is claimed to strengthen the assumption that the disputed domain name was registered for the sole scope of misleading potential consumers, to tarnish the Complainant’s trademark and to prevent the Complainant from reflecting its trademark in a corresponding domain name.<\/p>\n
<\/p>\n
The Complainant indicates that the disputed domain name <lyyondellbasell.com> has been registered and is being used in bad faith and that the Respondent registered the disputed domain name confusingly similar to the Complainant’s well known prior trademarks. The Complainant claims that given the distinctiveness and reputation of LyondellBasell’s business and trademarks worldwide, the Respondent could not have registered the disputed domain name without actual knowledge of the Complainant and its trademarks. Thus, the Complainant states that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his website, by creating a likelihood of confusion with the Complainants and their marks.<\/p>\n
Moreover, the Complainant points out that in the present case the disputed domain name is also redirected to a website where betting and adult content with advertising is published. It is therefore clear that it aims to generate traffic and consequently, commercial advantage with the confusion generated by the typo constituted by the double “Y” with respect to Complainant’s principal website <lyondellbasell.com>.<\/p>\n
The Complainant further states that the disputed domain name is set up to send emails, therefore indicating a high risk that it could be involved in phishing activities\/storage Spoofing.<\/p>\n
Accordingly, the Complainant alleges that the disputed domain name was registered and is being used in bad faith.<\/p>\n
<\/p>\n
RESPONDENT:<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/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": [ "Mrs Selma Ünlü" ], "date_of_panel_decision": "2023-08-16 00:00:00", "informal_english_translation": "
The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:<\/p>\n
- the US trademark LYONDELLBASELL (registration n°3634012) dated May 7, 2008;<\/p>\n
- the US trademark LYONDELLBASELL (registration n°5096173) dated December 6, 2016;<\/p>\n
- the EU trademark LYONDELLBASELL (registration n°006943518) dated May 16, 2008;<\/p>\n
- the EU trademark LYONDELLBASELL (registration n°013804091) dated March 6, 2015;<\/p>\n
- the EU trademark LYONDELL (registration n°001001866) dated November 26, 1998; and<\/p>\n
- the IR trademark LYONDELLBASELL (registration n°972681) dated May 5, 2008.<\/p>\n
<\/p>\n
Moreover, the Complainant is also the owner of the domain names bearing the signs “LYONDELLBASELL” and “LYONDELL” such as the domain names <lyondellbasell.com> registered since October 23, 2007 and <lyondell.com> registered since February 21, 1997.<\/p>", "decision_domains": { "lyyondellbasell.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }