Cases

Shortly before the start of the registration for ".eu" domains, the plaintiff who was not active in the accomodation business had registered a mixed figurative and verbal trademark "HOTEL" which was only admitted because of the distinctive graphic design. Apart from that, the plaintiff had registered 30 to 40 generic tradmarks in Austria and acquired 180 domains consitsting of generic terms. In ADR proceedings pursuant to Article 22 of Reg. (EC) No 874/2004 the ADR panel held that the domain registration had been made in bad faith and therefore was speculative and abusive.

The plaintiffs, domiciled in Germany, had rented a holiday home in Belgium from a Danish tour operator (the defendant). They had several complaints about the condition of the home and claimed for a price reduction. Based on the consumer forum pursuant to Articles 15 and 16 of the Brussels I-Regulation they filed their claim before their local court. The defendant filed a motion to dismiss the claim on the ground of lacking international jurisdiction of German courts.

The Russell family booked a holiday package to Spain. At the time of booking they made clear that they were not seasoned travellers and specifically requested accommodation which was suitable for young children because they took along their 4 year old daughter. They were duly reassured. At the hotel they were allocated to a room with a glass balcony door. Shortly after arrival, while the parents were unpacking, the girl ran towards the door. She failed to realise that it was still shut and collided with it.

The US Travel Agent Arbiter has completed his project to Digitize all substantive decisions with key words such as “reasonable care” or “fiduciary duties”.  They are available from the TAAP Hqs  at 9401 Battle St, Manassas, Va USA   20110  or by phone  703-530-9002.

Reported to IFTTA by Al Anolik