Cases (moot court)



CASE 1

Domain name: 2024.com (domain name is fictional)


Complainants (): Emilie Boll, Azelie Lamache, Jakub Kotas

Respondents (): Vojtěch Veselý, Tomáš Baránek


Respondent:

Star Travel LLC. Berkshire House, 252-256 Kings Road, Reading RG1 (fictional company)

Owner of the company: Adelard Bourreau, UK citizen with french nationality (fictional)

Travel agent, specializing in “event tourism”, cooperates with foreign travel agents to organize
trips to sports and cultural events in Paris and French cities especially concerts and event
tourism games.

-     The Star travel company has purchased a domain name 2024.com

-     Currently uses subdomains paris.2024.com, france.2024, sog.2024 among other subdomains such
as olympicgames.2024.com, travel.2024.com and hotels.2024.com,

-     He has previously registered 2012.com domain to offer event tourism at London SOG and domains
2014.com where he used subdomains sochi.2014.com, among other subdomains such as wog.2014.com and
bought a domain 2021.com where he operated subdomain tokyo.2021.com

-     On the website it offers tourist information about Paris and locations for sporting events

-     The agency has invested 20.000 GBPfor web-design and contracts with sports journalists to
create a website providing extensive coverage of the championship. The preparations of this project
have started but the website has not been finished yet.

-     The website under the domain name contains basic tourist information about France, together
with on-line applications that enable visitors to book hotels near the places of matches, links to
taxi and car-rental companies and plenty of advertisement.

-     The defendant offers some space for contextual advertising, as a result, some users are
displayed contextual advertisements for escort and sexual services.

-     The website contains also several video-commercials with sports themes sponsored by Pepsi
ltd.


Complainant:

International Olympic Committee, Basel, Switzerland

-     the committee is furious with the activities of the defendant and is under strong pressure of
main commercial partner Coca Cola to do something about the use of a domain name.

-     The complainant wants to have the domain 2024.com transferred as soon as possible to pursue
its own commercial activities.

-     The complainant feels, that the significant amount of internet users is attracted by the
website of the defendant. The IOC website traffic is 30 percent below the expectation and they
believe that this is caused by the activities of the defendant.







CASE 2


Domain name: just-dont-do-it.com (the case is partly fictional, as to the actual domain name, but
based on several similar websites).


Complainants: Aksha Vats, Iveta Ivanova, Kincső Krisztina Borbély

Respondents: Tereza Mekbibová, Vojtěch Juřička



Consumers -- "Just don't do it."
http://www1.american.edu/ted/images4/bignike.jpg
https://stakeholder11.files.wordpress.com/2014/11/nike-paper-2.jpg?w=500&h=261&crop=1


Respondent:

Human rights group Amnesty International (AI), London

–      AI claims that the Nike knowingly uses suppliers from Asia who exploits child labor

–      As a part of their campaign, they register a domain name just-dont-do-it.com

–      On the website, they inform about their claims against the company and provide photographic
and video evidence

–      Discourages consumers to purchase Nike products

One of the examples of the displayed text: “The basic truth about Nike is that its only real
strength is its good name. Nike rules because of all the good things people associate with the
company: sharp ads, Michael Jordan, Tiger Woods, little Penny, and Michael Jordan again. If "beaten
workers" and "child labor" get added to that list, then Nike's greatest asset will be lost.”


–      The site operates small e-shop which sells small gift products like mugs, T-shirts,
umbrellas with motives against child labor to finance AI campaigns.

–      The company has led several environmental and human-rights campaigns before.



Comlplainant:

Nike, Beaverton, Oregon, USA

–      Is unhappy with the website and wants to shut it down as quickly as possible.

–      Believes that it strongly influences their target consumers in western Europe.

–      Wants to have domain name transferred or blocked.



                                             Deadlines


16th March Introduction to alternative dispute resolution and ODR, domain names within the .cz
domain and .eu domain, preparation for moot court - PL

30th March Procedural elements of alternative dispute resolution, beginning of the moot court
(seminar) 1st round of moot court - PL

13rd April Consumer protection online (alternative dispute resolution) / new forms of online
dispute resolution / online courts, 2nd round of moot court – PL

18th May Wrap-up, awarding colloquia, mootcourt feedback – MK, PL