Trade Mark infringement in England – Sweeny Legal

SweenyLegal-ReversedSweenyLegal-Logo copyBritish Telecommunications plc v One in a Million Ltd , the One in a Million, Court of Appeal, 23 July 1998 decision, this case was considered to be classic case of cybersquatting.  Defendants had registered domain names and offered them for sale to the person with an existing reputation in the name.  Sites were not in use and they:[1]

  •  placed on the register of a distinctive name such as marksandspencer makes a representation to persons who consult the register that the registrant is connected or associated with the name registered and thus the owner of the goodwill in the name.”
  • Instrument of fraud
  • Mandatory injunctions granted requiring defendants to take steps to transfer domain name registrations
  • Mere registration of a well known name can constitute a threat of passing off and result in an injunction being granted.  If there is evidence of offers to sell the domain name, then the case will be very strong.
  • But if the name is not well known, and there is no offer to sell, then the mere registration is unlikely to justify an injunction.

[1] Ibid p.

SweenyLegal-Logo copySweenyLegal-Reversed

Please contact Sweeny Legal  or Brandsworth Licensing should you require any assistance with any Intellectual Property (IP) rights, Commercial Agreements of any type or IP Business and Commercial Strategies.

Phone: 02 4228 1864

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[1] Ibid p.

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Filed under Intellectual Property Law, Trade Marks Law

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