Phones4U v Phone4u co uk [2006] EWCA Civ 244
Judgement for the case Phones4U v Phone4u co uk
Table Of Contents
Claimant, Phones4U, operated a chain of mobile phone stores and had a website, “phones4u.co.uk”.
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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
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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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