Cases

Radio Taxicabs (London) Ltd v Owner Drivers Radio Taxi Services Ltd

Facts

The Claimant and Defendant were operators of radio circuits for licensed black cabs in London. The Defendant set up a website at www.dialacab.co.uk in April 1998. It also set up a direct link from www.radiotaxis.com, such that anyone entering that domain name into their internet browser would come across the pages of the Defendant's website. The Claimant was unable to adduce any evidence of actual confusion in the two years of the operation of the website and the link. The Claimant contended that the combination of the name and the installation of the automatic direct link to the Defendant's website constituted actionable passing off, and that the domain name www.radiotaxis.com was being used by the Defendant as in instrument of fraud which should be delivered up.

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