Cartier International AG and others v British Telecommunications Plc and another

Cartier International AG and others v British Telecommunications Plc and another

Unless there are good reasons for a different order, an innocent intermediary is entitled to be indemnified by the rights-holder against the reasonable costs of complying with a website-blocking order; this principle applies to ISPs acting as 'mere conduits' under English law and is consistent with EU law requirements.

Parties
Respondents: Cartier International AG and others; Appellants: British Telecommunications Plc and another
Jurisdiction
England and Wales
Judgment Date
13 June 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Trade Mark Infringement, Website Blocking Injunctions, Compliance Costs, Intermediary Liability
Intellectual Property Civil Procedure Trade Mark Infringement Website Blocking Injunctions Compliance Costs Intermediary Liability

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Parties

Cartier International AG and others

Respondents

British Telecommunications Plc and another

Appellants

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Who should bear the costs of complying with website-blocking injunctions granted against innocent intermediaries?
  2. 2 Is there a legal basis for requiring rights-holders to indemnify ISPs for implementation costs under English and EU law?

Ratio Decidendi

Unless there are good reasons for a different order, an innocent intermediary is entitled to be indemnified by the rights-holder against the reasonable costs of complying with a website-blocking order; this principle applies to ISPs acting as 'mere conduits' under English law and is consistent with EU law requirements.

Court Disposition

Appeal allowed in part

Orders

  • Respondents shall indemnify appellants in respect of reasonable costs of processing and implementing the website-blocking orders in categories (iii), (iv), and (v).
  • Para 12 of the orders dated 11 November and 5 December 2014 varied accordingly.