Nintendo Co. Ltd v British Telecommunications Plc & Ors [2021] EWHC 3511 (Ch) (21 December 2021)

Nintendo Co. Ltd v British Telecommunications Plc & Ors [2021] EWHC 3511 (Ch) (21 December 2021)

The operators and users of the target websites infringe Nintendo's copyright and trade marks in the UK by facilitating downloads of unauthorised Nintendo games, targeting UK consumers, and using ISPs' services. The ISPs are intermediaries with actual knowledge. A website blocking order is necessary, proportionate,...

Source-derived case information.

Citation
[2021] EWHC 3511 (Ch)
Parties
Claimant/applicant: Nintendo Co. Ltd; Defendant/respondent: British Telecommunications PLC; Defendant/respondent: EE Limited; Defendant/respondent: Plusnet PLC; Defendant/respondent: Sky UK Limited; Defendant/respondent: TalkTalk Telecom Limited; Defendant/respondent: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2021
Procedural Posture
Part 8 Claim / Final Judgment Following Hearing
Outcome
Order granted
Legal Topics
Copyright Infringement, Trade Mark Infringement, Website Blocking Orders, Jurisdiction, Proportionality
Intellectual Property Injunctions Telecommunications Copyright Infringement Trade Mark Infringement Website Blocking Orders Jurisdiction Proportionality

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Parties

Nintendo Co. Ltd

Claimant/applicant

British Telecommunications PLC

Defendant/respondent

EE Limited

Defendant/respondent

Plusnet PLC

Defendant/respondent

Sky UK Limited

Defendant/respondent

TalkTalk Telecom Limited

Defendant/respondent

Virgin Media Limited

Defendant/respondent

Procedural Posture

Part 8 Claim / Final Judgment Following Hearing

Legal Issues

  1. 1 Whether operators and users of target websites infringe Nintendo's copyright and trade marks in the UK
  2. 2 Whether ISPs are intermediaries and have actual knowledge of infringement
  3. 3 Whether a website blocking order is necessary, effective, dissuasive, proportionate, and safeguarded against abuse

Ratio Decidendi

The operators and users of the target websites infringe Nintendo's copyright and trade marks in the UK by facilitating downloads of unauthorised Nintendo games, targeting UK consumers, and using ISPs' services. The ISPs are intermediaries with actual knowledge. A website blocking order is necessary, proportionate, and effective to prevent ongoing infringement and protect Nintendo's rights.

Court Disposition

Order granted

Orders

  • ISPs required to block or attempt to block access to NSW2U and NSWROM websites, including mirror sites, domain names, and URLs, for a period of just over 2 years with usual safeguards and notification provisions.