Intellectual Property Disputes – Robert Tyler v Ryanair [2010]:
Intellectual Property Disputes – Robert Tyler v Ryanair [2010]:
Mr. Tyler had a website known as “www.ihateryaniar.co.uk”. The website contained disparaging comments about the airline Ryanair. Ryanair instead of bringing an action in defamation against Mr. Tyler, lodged a complaint with Nominet who regulate UK domain names.
Ryanair claimed to Nominet that the domain name ihateryanair.co.uk, was similar to the Ryanair trademark and was taking advantage of Ryanair’s name by creation confusion in the marketplace.
The adjudicator found that there was no possibility of confusion between the two. It was clear that the site had nothing to do with Ryanair.
The adjudicator found that it was “a fact of life” that companies such as Ryanair would be criticised. The case turned on however commercial links from Mr. Tyler’s site. He had earned £332 from commercial links to Travellers Insurance etc. and as a consequence had taken commercial advantage of the reputation of Ryanair and its trademark.
If money had not been made from the site then the decision would have gone the other way.
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