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Reports of Patent, Design and Trade Mark Cases 2004 121(10):351-389; doi:10.1093/rpc/2004rpc19
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 19

RADIO TAXICABS (LONDON) LTD v OWNER DRIVERS RADIO TAXI SERVICES LTD

High Court (Chancery Division)

(John Randall Q.C. sitting as a deputy judge of the High Court): July 23–26 and October 12, 2001)1

[2004] R.P.C. 19

Passing off—Radio taxi businesses—Claimant's trading name "Radio Taxis"—Defendant registering "www.radiotaxis.com"—Automatic direct link from website to defendant's primary website "www.dialacab.co.uk"—Whether defendant's conduct in creating automatic direct link amounted to passing off—Intention—Whether domain name an "instrument of fraud"—Claim for injunctive relief and for mandatory assignment of domain name to claimant—Whether claimant had established goodwill with the general public—Whether misrepresentation—Whether use by defendant descriptive use—Whether likelihood of damage.

Key Words: Domain names • Internet • Passing off • Taxis • Websites

1 Paragraph numbers in this judgment are as assigned by the court.


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