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Interesting case: Tesco vs. affiliate

 
 
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paul
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PostPosted: Tue Mar 14, 2006 4:28 pm    Post subject: Interesting case: Tesco vs. affiliate Reply with quote

Tesco won a trade mark action on Wednesday against an affiliate company that tied to earn sales commissions from a suite of domain names such as tesco-diets.co.uk and tescodvd.co.uk which redirected visitors to the supermarket's website.

http://www.out-law.com/page-6721

Quote:
Tesco was alerted when Elogicom's monthly commission entitlement jumped from £75.42 in April 2005 to £26,688 in May 2005. The latter sum was not paid out.


Shocked

Full ruling is here: http://www.bailii.org/ew/cases/EWHC/Ch/2006/403.html

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foundThroughAdminSig
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PostPosted: Wed Mar 15, 2006 12:02 am    Post subject: Reply with quote

... hmmm. It's an interesting case indeed. I wonder if Tesco allowed to use their name in the domain name in the first place.
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adigaskell
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PostPosted: Wed Mar 15, 2006 9:35 am    Post subject: Reply with quote

IMO the affiliate is a bit dumb to even try and use such domains.
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Old Welsh Guy
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PostPosted: Wed Mar 15, 2006 5:50 pm    Post subject: Reply with quote

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Finally Mr Sales dismissed Elogicom’s counterclaim for payment, ruling that the traffic generated by the firm amounted to ‘Artificial Traffic’, which is prohibited under the TradeDoubler affiliate agreement.


THAT to me is the crux of it, and they should have known better.
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