References: [2005] EWHC 334
Ratio: In 1999 the claimant company was carrying on a business supplying mobile phones under its corporate name Phones 4u. At that stage it was trading on a fairly modest scale. In 1999 a Mr Heykali (the second defendant) decided to go into the mobile phones business and acquired the domain name phone4u.co.uk. The claimant copy eventually brought claims for passing off and trade mark infringement against Mr Heykali and the company which he had by then established. That company was the first defendant.
Held: The claim in passing off failed. On the evidence, when Mr Heykali registered the domain name in 1999, he had never heard of the claimant company or of its business. On that basis he could not be liable in passing off.
Jurisdiction: England and Wales
This case is cited by:
- Appeal from – Phones4U Ltd and Another v Phone4u.Co.UK and others CA (Bailii, [2006] EWCA Civ 244, Gazette 08-Jun-06, [2007] RPC 5)
Mobile phone companies brought claims of passing off and trade mark infringement by the defendant who had registered internet domain names in the same year as the claimants first registered their own names. The defendant appealed a finding that at . . - Cited – Global Projects Management Ltd v Citigroup Inc and Others ChD (Bailii, [2005] EWHC 2663 (Ch), [2006] FSR 39)
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 . .
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Last Update: 07 April 2020
Ref: 375136 br>