A London estate agent, Eddison White, wins an important case when a domain name similar to its own is exploited by a competitor.

PRESS DISPENSARY - Tuesday, May 18, 2010 - Eddison White, a South West London based Estate Agency, has won an important case for the protection of businesses everywhere against competitor tactics on the internet.

The High Court ordered SW19 Estate Agents Ltd., by consent, to pay a significant figure in damages to Eddison White for 'passing off' and trademark infringement after admitting they had bought the website eddisonwhite.com and diverted it to various porn sites. Luke Bennett, proprietor of SW19, undoubtedly aimed to harm Eddison White's reputation and business.

Having noticed that Eddison White was using eddisonwhite.co.uk and not the .com domain, Mr Bennett bought it in November 2005. He directed the domain to a series of sites, including other estate agents in the area, his own estate agency website and, most alarmingly, hardcore pornography. This continued despite a series of requests by the proprietors of Eddison White to remove them.

Eddison White Limited has been trading since 2004 and registered the domain name eddisonwhite.co.uk in March of that year. Since April 2007 it has also owned UK registered trade mark No. 2452031 "Eddison White" registered in class 36 for estate agents and lettings, offering financial services.

Peter Adediran, the lawyer acting for Eddison White, says: "On the 2nd June 2009 the Defendants (Luke Bennett and SW19 Estate Agents Ltd) subjected themselves to judgment on passing off and for trademark infringement under s10(1) of the Trade Mark Act 1994, admitting that they had pointed the domain eddisonwhite.com as alleged by the Claimant (Eddison White Ltd). The trial on damages took place at the High Court, Chancery Division, in London. By consent of the parties the Defendants agreed to pay GBP 15,000.00 in damages to the Claimant."

Mr Adediran adds: "This is an important case for small businesses everywhere that are not sure where they stand in the areas of internet law. I'm extremely happy I was able to assist Eddison White in this and hope its victory will help all businesses protect themselves against such practice."

Richard Eddison, the joint owner of Eddison White, comments: "I am relieved and happy this ordeal is over. It has been difficult for us and all of our customers and most important for those individuals who were subjected to some truly awful images thanks to Mr Bennett's antics. For a professional service business to act in this way is beyond contempt and does little to challenge any pre-conceived ideas members of the public may have about our profession. We have sought to rise above that by running a truly professional business and offer excellent service to buyers and sellers alike. It's just a shame Mr Bennett didn't chose to operate with the same values."

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