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 claim to declare this decision void was dismissed by the Supreme Court (OGH). The Supreme Court also regarded the registration as abusive. The trademark registered before was no sufficient justification.Judgement of 18. Sept. 2012 in Case 4 Ob 94/12w
