FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
“LyondellBasell Group” (referred to as LyondellBasell) 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); 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
According to the 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. LyondellBasell is listed on the New York Stock Exchange since 2010. On December 20, 2017 the company celebrated the 10-year anniversary of the merger of Lyondell Chemical Company and Basell AF SCA, a transaction that created one of the largest plastics, chemicals and refining companies in the world. 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
The disputed domain name was registered on March 6, 2024.<\/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
i) The Complainant has rights in the LYONDELLBASELL mark as identified in section “Identification of rights” The disputed domain name is confusingly similar to the Complainant's LYONDELLBASELL mark because it incorporates the Complainant’s mark LYONDELLBASELL merely eliminating the last letter (“L”): a clear voluntary typosquatting. <\/p>\n
ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name: the Respondent does not have any relationships with the Complainant, nor has the Complainant ever granted the Respondent with any rights to use the LYONDELLBASELL trademark in any forms, including the disputed domain name; and there is no evidence that the Respondent has acquired any rights in a trademark or trade name corresponding to the disputed domain name. The Respondent does not use the disputed domain name for any bona fide <\/em>offering of goods or services or legitimate noncommercial or fair use. The disputed domain name is not directed to an active website, and it is set up to send email, therefore indicating that it is registered to be involved in phishing activities and storage spoofing. <\/p>\n iii) The Respondent has registered and is using the disputed domain name in bad faith: the Respondent has registered and used the disputed domain name with actual knowledge of the Complainant's rights in the LYONDELLBASELL mark; the mere registration of the disputed domain name that is confusingly similar to the Complainant’s famous trademark can by itself create a presumption of bad faith; the disputed domain name does not resolve to any active page; and the domain name is used to send scam emails to the Complainant’s clients requesting a consistent payment.<\/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": [
"Mr. Ho-Hyun Nahm Esq."
],
"date_of_panel_decision": "2024-05-05 00:00:00",
"informal_english_translation": " The Complainant LyondellBasell Industries Holdings B.V. is the owner of the well-known trademark LYONDELLBASELL in several classes worldwide: <\/p>\n - US trademark Reg. No. 3634012 registered on May 7, 2008 in classes 1, 4, 17, 35, 42; and<\/p>\n - European Union Trademark (EUTM) Reg. No. 006943518 registered on May 16, 2008 in classes 1, 4, 17, 42, 45.<\/p>",
"decision_domains": {
"lyondellbasel.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}