False advertising of the Canasta Hotel

We’re getting really fed up of larger companies trading off our name.

We DO NOT offer allocation to ANY 3rd party booking site.

To make a booking with us you must do so directly.

If you see adverts asking you to check availability for the Canasta, notably on TripAdvisor, Kayak, Bing and others you should be aware they are falsely advertising us in particular by inviting viewers to “Find the best deal for the Canasta Hotel Blackpool on KAYAK” (for example) – you’ll invariably get a result that states something like this: “the Canasta has no availability but check one of these”

It’s very unfair and VERY confusing for our regular guests.  Its costing us a LOT in revenue and to be honest if it continues will probably result in our business folding.

So we’ve had enough.

Here is Kayak’s page listed in Google (who arn’t interested, by the way, that they are publishing misleading information)

kayak-search-results-in-google-2nd-june-2017

kayak-search-results-in-google-2nd-june-2017

How can they give viewers the best deal when we don’t give them any allocation?   It’s a bit like me setting up a burger bar and calling it MacDonalds and saying – sorry we havnt got any MacDonalds Quarter Pounders but we have one of these.  I dont think that would last very long.

Canasta Hotel

288-290 Promenade

Blackpool

Lancashire

FY1 2EY

United Kingdom

T: 00 44 1253 290501

E: stay@canastahotel.com

W: canastahotel.com

2nd June 2017

Kayak Europe GmbH
Fraumünsterstrasse 16
8001 Zurich
Switzerland

Re: Cease and Desist using the term “Canasta Hotel Blackpool” within your website

Dear sirs

I am writing to inform you that your use of “Canasta Hotel Blackpool” is a violation of Canasta Hotel Ltd’s common law trademark rights, common law service mark rights, and trade name rights, and this letter constitutes Canasta Hotel’s demand that you cease and desist any and all false advertising for my hotel.

You should immediately forward this letter to your legal team.

The Canasta Hotel is a family owned business offering accommodation to guests in Blackpool, Lancashire, UK.

Canasta Hotel Ltd was incorporated on 14th Feb 2007. We first started trading as a hotel in November 2000

We registered the trademark “Canasta Hotel Blackpool” on 7th December 2009 and have continually used “Canasta Hotel Blackpool” as its brand name since that time. The trademark can be checked here:-

https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00002533624

Our trademark number is: UK00002533624

Since its incorporation, Canasta Hotel Ltd has continually used the Marks in advertising campaigns and in the community, including through its website at canastahotel.com which Canasta Hotel registered on 12th September 2001

As a result of these efforts, Canasta Hotel’s customers, and the general public, have come to recognize Canasta Hotel Blackpool as an established and successful accommodation provider business.

We do not offer any third party booking system any allocation.

When a guest wants to book with us they need to do that directly with us or through one of our non-commissioned partner’s sites from hotels.uk.com

Recently, we became aware you are advertising our hotel within your website at:-

https://www.kayak.co.uk/Blackpool-Hotels-Canasta-Hotel.259095.ksp

You are using photographs taken by us which we have not authorised you to use.

You are using our trademark to entice people to check availability.

In just 12 months, Canasta Hotel Ltd has received a large number of reports of actual consumer confusion. This presumably represents a small portion of consumers who are confused but never take the time to find another way to contact Canasta Hotel Ltd and report the confusion caused by your web page

We have several options to enforce our legal rights If Canasta Hotel Ltd were to file a lawsuit against you, we would be entitled to seek: (1) preliminary and permanent injunctions; (2) actual monetary damages; (3) disgorging of any profits you have realized through your use of the Marks; (4) reimbursement of legal fees required to prosecute a lawsuit against you; and (5) monetary damages for damage to Canasta Hotel Ltd’s goodwill in the market.

Please be advised that Canasta Hotel Ltd will undertake all appropriate steps to protect our Marks and its associated goodwill. You can avoid legal action by immediately ceasing and desisting from any and all infringing activity including use of the term “Canasta Hotel Blackpool”.

You must cease and desist all promotion and/or marketing of our hotel on any of your associated domains. You are hereby put on notice that I will be monitoring your use of my trademark on your domains.

Additionally, you must execute a copy of this letter and send it to us within seven (7) days of the receipt of this letter.

You should note I have, today, placed a copy of this letter on our website at:-

http://canastahotel.com/kayak-trademark-infringement/

I recommend you take legal advice before taking any action.

If you or your legal team have any questions, please feel free to contact me.


Sincerely,

Mr Douglas Smith

Canasta Hotel

288-290 Promenade

Blackpool

FY1 2EY

UK

[ATTACHED PAGE]

I, ___________ personally and on behalf of Kayak Europe GmbH, agree to immediately cease and desist from any and all further use of the trademark “Canasta Hotel Blackpool”.

In the event this agreement is breached by me or Kayak Europe GmbH, Canasta Hotel Ltd shall be entitled to costs, legal fees, and collection costs related to any claims and/or action brought to enforce this agreement and shall be free to pursue all rights it had as of the date of this letter as if this letter had never been signed.

I certify that I have the authority to enter into this agreement on behalf of Kayak Europe GmbH

By: Dated:

Both individually and on behalf of Kayak Europe GmbH.