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.
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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Intellectual Property Law | Passing Off Cases (10 pages) |