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Law Cases
Intellectual Property Law Cases
Passing Off Cases

Phones4U v Phone4u co uk [2006] EWCA Civ 244

Country:
United Kingdom
By Oxbridge Law Team
Held

  • 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 Defendant offered to sell domain name to Claimant for large sum of money.

    • Defendant’s website stated that it was unconnected with Phones4U.

Held

  • On facts, Defendant’s acts were actually likely to divert business from Claimant.

    • Public were likely to be deceived that Defendant’s website was that of Claimant

    • Defendant then sought to take advantage of initial deception to make money himself.

  • Thus passing off.

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