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

By Oxbridge Law TeamUpdated 04/01/2024 07:14

Judgement for the case Easyjet Airline Co and others v Tim Dainty

Table Of Contents

  • 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.

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