D purchased a domain name ‘eastRealestate.co.uk’. C, easyJet, sued D for passing off. Upon receiving letters from C’s solicitors, D had offered to enter into joint venture with C and later stated that he would hold an auction for the domain name. C sued for passing off. Held:
· Where offending product is an ‘instrument of fraud’, court may order transfer of offending property to C
· This is particularly case where there is a risk of D selling it to someone else
· On facts, was a risk of D continuing with idea to hold an auction of domain name once he left court
Ø Thus order for transfer of domain name to C granted.
