Phones4U v Phone4u co uk

C, Phones4U, operated a chain of mobile phone stores and had a website, “phones4u.co.uk”. D registered a website in 1999 called “phone4u.co.uk” which offered mobile phones; in 2000 D offered to sell domain name to C for large sum of money. D’s website stated that it was unconnected with Phones4U. Held:

 

·        See notes.

·        On facts, D’s acts were actually likely to divert business from C.

Ø  Public were likely to be deceived that D’s website was that of C

Ø  D then sought to take advantage of initial deception to make money himself.

·        Thus passing off.