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Easyjet Airline Co and others v Tim Dainty

[2002] F.S.R. 6

Case summary last updated at 02/02/2020 21:50 by the Oxbridge Notes in-house law team.

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

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.
 

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