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.