Domain Names – Case Law
Case law comprises the reported decisions of selected appellate and other courts (called courts of first impression) which make new interpretations of the law and, therefore, can be cited as precedents. In England and Wales, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided.
Although domain names are not a form of intellectual property, a good deal of case law has arisen in relation to their use and ownership, particularly where it impacts upon established IP rights, such passing-off and rights in registered trade marks. A selection of the more important and most recent decisions of the English High Court, Court of Appeal and House of Lords, now the Supreme Court, appear below.
British Telecommunications plc & Ors v. One in a Million Ltd & Ors – Court of Appeal – 23 July 1998
Euromarket Designs Incorporated v. Peters & Anr – High Court ChD – 25 July 2000
Reed Executive plc v. Reed Business Information Ltd & Ors – Court of Appeal – 3 March 2004