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Bonnier
Media Ltd v Greg Lloyd Smith and Another.
Our client Bonnier Media owned the newspaper business a.m and
the trademark. We successfully obtained an Interdict in Scotland
against Greg Lloyd Smith and Kestrel Trading Corporation from
using a domain name that infringed our clients trademark in
Scotland
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The
court stated that a "person who sets up [a] website
can be regarded as potentially committing a delict in any country
where the website can be seen, in other words in any country
in the world."
The Scottish Court of Session held that it had jurisdiction
in the matter dispite the case involving an American resident
in Greece and a company registered in Mauritius. The judgement
enabled our clients to stop the infringer from using the domain
names that were similar to their registered trademark held by
our client.
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