un articolo interessante
exec-P-Andrea Monti (Studio Monti)
amonti a UNICH.IT
Gio 31 Maggio 2001 18:47:35 CEST
MBNA INTERNATIONAL BANK LOSES USE INJUNCTION BUT GRANTED "DON'T SELL" INJUNCTION RE MBNA.CO.UK DOMAIN.
In the High Court, MBNA Bank were granted limited relief against Stephen Freeman who owns the domain mbna.co.uk. Mr Freeman (who also owns retail.co.uk) has been developing the Marketing Banners for Net Advertising business and is in the process of setting up a web-site for this business at mbn
Although MBNA Bank sought an interlocutory injunction against Mr Freeman preventing him operating or using any web-site within the domain name or from selling or offering to sell the domain, the court decided to limit the relief. They were satisfied that the Bank had "an arguable case ....which m
The Bank hit a brick wall over one part of evidence which is a standard assertion in internet cyber-squatting cases and which indicates that judges have become much more savvy about how the commercial internet works. The bank claimed that a person searching for the bank on the internet who fin
THE COURT HELD:
a) The court refused to injunct Mr Freeman from activating the site and cited the Daily Mail as reinforcing the impression of business competence of Mr Freeman and therefore the lack of reputational risk during the pre-trial period.
b) In light of Mr Freeman's assertion that he head no intention of selling the domain, the court did however injunct Mr Freeman from selling or otherwise transferring the domain before trial but gave Mr Freeman leave to apply to the court for permission to sell if circumstances changed when it wo
c) Expedited Trial ordered.
The case highlights the difficulty (as previously highlighted in the French Connection v Sutton case concerning fcuk.com) that Corporate bodies have in owning mere initials on the internet.
Maggiori informazioni sulla lista