D 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. C, one company whose name had been registered by D in numerous forms, sued D for passing off. Held:
· Is passing off where D is equipped with, or intends to equip another with, an instrument of fraud.
· Whether a name is instrument of fraud is matter to be determined by all the circumstances; including:
Ø Similarity of names
Ø Intention of D
· On facts, names were instruments of fraud.
Ø i.e. D intended to extract money from C by express or implied threat that D or someone else could make use of its name.
· Therefore was passing off and threatened passing off.
