{ "case_number": "CAC-UDRP-106848", "time_of_filling": "2024-09-12 10:09:05", "domain_names": [ " lyondellbasellglobal.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": [ "Christopher Oidtman" ], "respondent_representative": null, "factual_background": "

FACTS PROVIDED BY THE COMPLAINANT:<\/strong><\/p>\n

The Complainant is part of a Group of entities which is a multinational chemical company with European and American roots. The Complainant’s Group is the third largest plastics, chemicals and refining company and the largest licensor of polyethylene and polypropylene technologies in the world. The Complainant´s Group has over 13,000 employees around the globe and manufactures at 55 sites in 17 countries. Its products are sold into approximately 100 countries. According to the 2020 annual report, the Complainant generated $4.9 billion in income from continuing operations, EBITDA of $7.1 billion and $12.28 diluted earnings per share.<\/p>\n

The Complainant is the owner of the different trademarks LYONDELLBASELL®. In addition, the Complainant is the owner of different domain names including the term LYONDELLBASELL® such as <lyondellbasell.com > registered since October 23, 2007.<\/p>\n

The disputed domain name <lyondellbasellglobal.com> (hereinafter, the “Disputed Domain Name”) was registered on August 19, 2024 and it redirects to Complainant’s official website https:\/\/www.lyondellbasell.com and it is connected to MX Records.<\/p>\n

According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and he is not related in any way to the Complainant’s business.<\/p>\n

For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.<\/p>\n

Respondent did not reply to the Complaint.

<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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

PRELIMINARY PROCEDURAL QUESTIONS<\/p>\n

LyondellBasell Industries N.V., LyondellBasell Industries Holdings B.V., Lyondell Chemie Nederland B.V. and Lyondell Chemical Company are related companies belonging to the same group and having right in the relevant marks on which this Complaint is based.<\/p>\n

According to the UDRP jurisprudence any one party of multiple related parties, on behalf of the other interested parties, may bring a Complaint and is to be considered to have standing in dispute (see paragraph 1.4.2 of WIPO Overview 3.0 and the decisions mentioned thereto).<\/p>\n

The Complainant of this administrative proceeding is LyondellBasell Industries Holdings B.V., filer of this Complaint also on behalf of the other interested parties (Lyondell Chemie Nederland B.V., LyondellBasell Industries N.V. and Lyondell Chemical Company). The transfer decision is to be directed to the Complainant.

<\/p>\n

First element: Similarity<\/p>\n

The Complainant confirms that the Disputed Domain Name <lyondellbasellglobal.com> is confusingly similar to its trademarks LYONDELLBASELL®.<\/p>\n

The Complainant states that the Disputed Domain Name only includes the addition of the generic term generic term “global” with respect to the trademark LYONDELLBASELL®. The Complainant believes that such addition neither effects the attractive power of such trademark, nor is sufficient to prevent the finding of confusing similarity between the Disputed Domain Name and such mark, but even enhances the likelihood of confusion.<\/p>\n

Furthermore, the Complainant indicates that the addition of the top level “.com” is merely instrumental to the use of the Internet so the Domain Name remains confusingly similar despite its inclusion.

<\/p>\n

Second element: Rights or legitimate interest<\/p>\n

The Complainant contend that the Respondent lacks rights or legitimate interests in the Disputed Domain Name for the following reasons:<\/p>\n

- The Complainant (or the other related parties) has no relationship with the Respondent whatsoever;<\/p>\n

- The Respondent has never received any approval of the Complainant (or the other related parties), expressed or implied, to use its (their) trademarks or any other mark identical or confusingly similar to such marks, nor to register any domain name identical or confusingly similar to such marks;<\/p>\n

- There is no evidence that the Respondent has acquired any rights in a trademark or trade name corresponding to the disputed domain name;<\/p>\n

- The Disputed Domain Name contains in its entirely the highly distinctive complainant sign LYONDELLBASELL®. and is redirected to complainant official web site, therefore indicating a high risk that it could be involved in phishing activities\/storage Spoofing. Such use of the domain name is clearly not a bona fide, legitimate or fair use under the UDRP Policy;<\/p>\n

- Respondent provide false WHOIS data: by adding the name of a Senior Manager of Lyondell Basell but it is a case of identify thief.

<\/p>\n

Third element: Bad faith<\/p>\n

The Complainant asserts that the Respondent registered the disputed domain name confusingly similar to the Complainant’s well- known prior trademarks.<\/p>\n

Given the distinctiveness and reputation of the Complainant’s business and trademarks worldwide, it is inconceivable that the Respondent could have registered the Disputed Domain Name without actual knowledge of LyondellBasell and its rights in such marks. Thus, 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

Furthermore, the Complainant refers to the use of the Disputed Domain Name as follows:<\/p>\n