xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Intellectual Property Law Cases
Passing Off Cases

Easyjet Airline Co and others v Tim Dainty [2002] F.S.R. 6

Country:
United Kingdom
By Oxbridge Law Team
Held

  • Defendant purchased a domain name ‘eastRealestate.co.uk’.

  • Claimant, easyJet, sued Defendant for passing off.

  • Upon receiving letters from Claimant’s solicitors, Defendant had offered to enter into joint venture with Claimant and later stated that he would hold an auction for the domain name.

  • Claimant sued for passing off.

Held

  • Where offending product is an ‘instrument of fraud’, court may order transfer of offending property to Claimant

  • This is particularly case where there is a risk of Defendant selling it to someone else

  • On facts, was a risk of Defendant continuing with idea to hold an auction of domain name once he left court

    • Thus order for transfer of domain name to Claimant granted.

Any comments or edits about this case?
Get in touch

Similar cases

British Telecommunications Plc v One in a Million Ltd
Defendant were dealers in Internet domain names; had deliberately registered domain names consisting of names of trademarks of well-known businesses without those business’s consent. Claimant, one co...
Phones4U v Phone4u co uk
Claimant, Phones4U, operated a chain of mobile phone stores and had a website, “phones4u.co.uk”. Defendant registered a website in 1999 called “phone4u.co.uk” which offered mobile phones; in 2000 Def...
Bristol Conservatories Ltd v Conservatories Custom Built Ltd
Defendant, a conservatory company, sent out brochure with pictures of conservatories they had supposedly done. In fact, those pictures were of conservatories built by Claimant. Was passing off. This...
Re Duckwari
Defendant was director of Company A and Duckwari. Company A bought property for £500,000; Defendant offered to pass this property on to Duckwari in return for 50% of profits resulting from this devel...
Associated Newspapers v Express Newspapers
Claimant published the Daily Mail. Defendant decided to publish regional paper in South-East England, called the ‘London Evening Mail’. Even if Claimant did not have goodwill across UK, sufficed that...

Related free notes samples

Passing Off Cases
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB In

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.