March 11, 2006

Tesco Stores Ltd v Elogicom Ltd & Anor [2006] EWHC 403 (Ch) (08 March 2006)

Elogicom registered several domain names which incorporate the word "tesco" in various combinations.
Tesco owns the trademarks Tesco and, and the domain names, and (and also runs a website at
Tesco also has an affiliation program through TradeDoubler. In this system, the affiliate website has in each case to be approved by Tesco, to ensure that it has acceptable content which would not, for example, damage the reputation of the client. Elogicom registered as an affiliate. At the beginning, the affiliate only declared that it website could be accessed at and Later, and unbeknownst to TradeDoubler and Tesco, the affiliate added,,,,,,,,,,,,,,,,,,,,,, and
Elogicom arranged that once the domain name was entered into the address bar the individual would be taken directly to one of the websites operated by Tesco. A large increase in commission payments was linked to the registration by Elogicom of domain names linking "tesco" and "diet" in various combinations. When TradeDoubler discovered what happened, it stopped the affiliation relationship between Elogicom and Tesco.
Tesco sued and succeeded in its claim for summary judgment and injunctive relief. To the court, "the use of internet domain names is itself a service offered to the public". The court of course referred to British Telecommunications Plc v One in a Million Ltd [1999].

Tesco Stores Ltd v Elogicom Ltd and Anor [2006] EWHC 403 (Ch) (08 March 2006)

No comments: