Vertical Leisure Ltd v Poleplus Ltd and another

Passing off – Descriptive name. B, who held a single share in the defendant company, Poleplus, registered domain names referring to the claimant company, which manufactured a similar product to that produced by Poleplus. In an earlier judgment, it was held that registration of the domain names had constituted passing off, including the creation of instruments of fraud. The Intellectual Property Enterprise Court held that, on the evidence, Poleplus was jointly liable with B, as it had been vicariously liable for B's acts, and the registrations had been done by B while acting as its agent.

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