{
    "case_number": "CAC-UDRP-107877",
    "time_of_filling": "2025-09-02 11:03:47",
    "domain_names": [
        "lyondellchemienederlandnv.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "LyondellBasell Industries Holdings B.V."
    ],
    "complainant_representative": "Claudio Tamburrino (Barzanò & Zanardo S.p.A.)",
    "respondent": [
        "Massimo Selle"
    ],
    "respondent_representative": null,
    "factual_background": "<p>As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/p>\n<div>\n<p><span>(a) LyondellBasell Group (which includes the Complainant and also the company Lyondell Chemie Nederland B.V.) 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, for which it detains over 6,200 patents and patent applications worldwide. The Complainant has over 20,300 employees around the globe and manufactures at 75 sites in 20 countries. Its products are sold into over 100 countries;<\/span><br \/><br \/><span>(b) the Complainant is the owner of the Complainant&rsquo;s Trademarks;<\/span><br \/><br \/><span>(c) the Complainant owns various domain names consisting of, inter alia, the denominations &ldquo;LYONDELLBASELL&rdquo; and &ldquo;LYONDELL&rdquo;, such as &lt;lyondellbasell.com&gt; used as main website of LyondellBasell since 23 October 2007 and &lt;lyondell.com&gt; registered on 21 February 1997;<\/span><\/p>\n<p><span>(d) the disputed domain name was registered on 18 December 2024; and<\/span><br \/><br \/><span>(e) the disputed domain name resolves to a parking page.<\/span><br \/><br \/><span>The Complainant seeks transfer of the disputed domain name to the Complainant.<\/span><\/p>\n<\/div>",
    "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><span>In addition to the above factual assertions, the Complainant also contends the following:<\/span><\/p>\n<p><span>(i) the disputed domain name is confusingly similar to Complainant&rsquo;s Trademarks;<\/span><br \/><br \/><span>(ii) the Respondent is not affiliated with the Complainant nor authorized by it in any way to use Complainant&rsquo;s Trademarks. The Complainant does not carry out any activity for, nor has any business with the Respondent;<\/span><br \/><br \/><span>(iii) the disputed domain name resolves to parking page and the Respondent did not make any use of disputed domain name. This confirms that Respondent has no demonstrable plan to use the disputed domain name. It proves a lack of legitimate interests in respect of the disputed domain name except in order to create a likelihood of confusion with the Complainant and its trademarks. Therefore, the Respondent does not have right or legitimate interest in respect of the disputed domain name;<\/span><br \/><br \/><\/p>\n<p>(iv) Complainant&rsquo;s Trademarks are widely known. Given the distinctiveness of Complainant's Trademarks and their reputation, it is reasonable to infer that the Respondent has registered the domain name with the full knowledge of Complainant's Trademarks. This is further evidenced by the fact that the disputed domain name almost entirely corresponds to the company name of LyondellBasell entity in the Netherlands. Also, the Respondent used the name of Mr. Massimo Selle for the purposes of registration which is the name of Complainant's group sales director and thus apparently false name in relation to the registration of the disputed domain name. In the light of these circumstances is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant&rsquo;s rights under trademark law. As a result, the disputed domain name has been registered and is being used in bad faith by the Respondent.<\/p>\n<p><span>THE RESPONDENT:<br \/><br \/>The Respondent did not provide any response to the complaint.<\/span><\/p>",
    "rights": "<p><span>The Panel concluded that the disputed domain name is identical or confusingly similar to the Complainant&rsquo;s Trademarks within the meaning of paragraph 4(a)(i) of the Uniform Domain Name Dispute Resolution Policy (\"UDRP\" or \"Policy\").<\/span><br \/><br \/><span>For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n<p><span>For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n<p><span>For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [
        "Michal Matějka"
    ],
    "date_of_panel_decision": "2025-10-05 00:00:00",
    "informal_english_translation": "<p><span>The Complainant is the registered owner of:<\/span><\/p>\n<p>- US trademark no. 5096173 (device) &ldquo;LYONDELLBASELL&rdquo; in classes 1, 4, 17, 42, 45;<\/p>\n<p>- European Union Trademark (EUTM) no. 006943518 (word) &ldquo;LYONDELLBASELL&rdquo; since 16 May 2008 in classes 1, 4, 17, 42, 45; and<\/p>\n<p>- EUTM no. 013804091 (device) &ldquo;LYONDELLBASELL&rdquo; since 6 March 2015 in classes 1, 4, 17, 42, 45.&nbsp;<\/p>\n<p><span>(&ldquo;Complainant&rsquo;s Trademarks&rdquo;).<\/span><br \/><br \/><span>The disputed domain name &lt;<\/span>lyondellchemienederlandnv.com&gt; <span>was registered on 18 December 2024.<\/span><\/p>",
    "decision_domains": {
        "lyondellchemienederlandnv.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}