Planet Telecom, a British PLC, obtained a licence from telecoms watchdog Oftel which enabled it to use and copy BT’s database of UK names, telephone numbers and addresses. It used the database to run its on-line search engine service at 192enquiries.com.
According to the case report by Lawtel, Planet Telecom faxed data correction forms to users where details were out of date. The company apparently invited users to return the completed forms by fax – to a premium rate number for a receiving fax machine set at the slowest speed.
The court ruled that there was a likelihood of confusion on the part of users of the service, commenting that “the forms were deliberately designed to give the impression that subscriber details were to maintain the accuracy of BT’s records and not simply those kept by internet sites”. Accordingly, BT won an interim injunction against Planet Telecom. The smaller company was ordered to include a disclaimer on any fax or document containing any reference to “192 enquiries” and its variations, that it was not from BT.
The web site at 192enquiries.com has been re-branded as DirectoryEnquiries.biz.