The claimant had established a reputation in the mark ‘FCUK’ in garmets, and had registered the mark, The defendant registered the Internet domain ‘www.fcuk.com’ and established a web-site accordingly. the claimants claimed in passing off and trade mark infringememnt. Tne defendant argued that the letters were a common say on the internet of typing the word ‘fuck’ so as to avoid filtering systems, and was also used widely by those seeking pornography on the internet.
Held: Summary judgment was refused. The claimant had not satisfactorily established synonimity of the word with their business, nor that the word was not used widely to look for pornography.
Judges:
Rattee J
Citations:
[2000] ETMR 341
Jurisdiction:
England and Wales
Cited by:
Cited – Global Projects Management Ltd v Citigroup Inc and Others ChD 17-Oct-2005
GPM had acquired an internet domain name ‘citigroup.co.uk’. Citigroup alleged passing off and trade mark infringement. The claimant complained of an unjustified threat. The defendant counterclaimed, and sought summary judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 23 June 2022; Ref: scu.216519