Cases

Global Projects Management Ltd & Anor v Citigroup Inc & Ors

Held

Following Marks & Spencer v One in a Million [1999] 1 WLR 903, the domain name Citibank.co.uk in the hands of Global was an ‘instrument of fraud’ and constituted passing off. Although Global had no ‘cyber squatting’ background, the evidence showed irrefutably that Global’s aim was to carry a threat of deception that would be harmful to Citibank in the form of the domain name. Global was in a position to read confidential and sensitive emails intended for Citibank. A trial would be pointless and Citibank was entitled to summary judgment under section 10(3) of the 1994 Act. Its director had participated personally with Global in a common design that resulted in tortuous liability – MCA Records Inc v Charly Records Limited [2001] EWCA Civ 1441 followed.

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