July 20, 2016 News

Court of Appeal of England and Wales 'Cartier' judgement

In November 2014 Cartier sought an injunction from the UK courts...

In November 2014 Cartier sought an injunction from the UK courts, requiring UK ISPs to block access to a number of websites that were selling trade mark infringing goods (see judgement here).

This was granted by the court, but the ISPs appealed. Whilst there is legislation in the UK that provides for the blocking by ISPs of copyright infringing websites, there is no similar legislation for trade mark infringing websites (or indeed other types of IPR infringement).

However the judge determined that the courts had the jurisdiction to order such an injunction using the Senior Courts Act 1981 (which reads: "the High Court may by order (whether interlocutory or final) grant an injunction… in all cases in which it appears to be just and convenient to do so") and Article 11 of the Enforcement Directive.

The Court of Appeal in England and Wales has now published its judgement, which upholds the original judgement. All three judges sitting in the Court of Appeal agreed with the original judgement that the websites should be blocked by ISPs, although one judge disagreed with the requirement for the ISPs to bear the costs of blocking the websites in question.