Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3765 (Ch) (13 November 2014)

Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3765 (Ch) (13 November 2014)

The court has jurisdiction to grant website blocking orders affecting non-target websites sharing IP addresses if those websites are engaged in unlawful activity, and Richemont's proposal provides adequate safeguards for lawful operators.

Citation
[2014] EWHC 3765 (Ch)
Parties
Claimant: Cartier International AG; Claimant: Montblanc-Simplo GmbH; Claimant: Richemont International SA; Defendant: British Sky Broadcasting Limited; Defendant: British Telecommunications PLC; Defendant: EE Limited; Defendant: TalkTalk Telecom Limited; Defendant: Virgin Media Limited; Intervener: Open Rights Group
Jurisdiction
England and Wales
Judgment Date
13 November 2014
Procedural Posture
Intellectual Property Claim / Post Judgment Consequential Hearing
Outcome
Richemont's proposal for IP address blocking adopted, with paragraph (B) omitted as ISPs declined the option.
Legal Topics
Website Blocking Orders, Jurisdiction, Collateral Damage, Unlawful Activity, IP Address Blocking
Intellectual Property Civil Procedure Website Blocking Orders Jurisdiction Collateral Damage Unlawful Activity IP Address Blocking

Case Brief

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Parties

Cartier International AG

Claimant

Montblanc-Simplo GmbH

Claimant

Richemont International SA

Claimant

British Sky Broadcasting Limited

Defendant

British Telecommunications PLC

Defendant

EE Limited

Defendant

TalkTalk Telecom Limited

Defendant

Virgin Media Limited

Defendant

Open Rights Group

Intervener

Procedural Posture

Intellectual Property Claim / Post Judgment Consequential Hearing

Legal Issues

  1. 1 Whether the court has jurisdiction to grant website blocking orders affecting non-target websites sharing IP addresses
  2. 2 Whether 'unlawful activity' is sufficiently clear for the purposes of the order
  3. 3 Whether Richemont or the ISPs can determine which websites are engaged in unlawful activity

Ratio Decidendi

The court has jurisdiction to grant website blocking orders affecting non-target websites sharing IP addresses if those websites are engaged in unlawful activity, and Richemont's proposal provides adequate safeguards for lawful operators.

Court Disposition

Richemont's proposal for IP address blocking adopted, with paragraph (B) omitted as ISPs declined the option.

Orders

  • Order for IP address blocking in respect of four Target Websites where non-target websites sharing the IP address are engaged in unlawful activity, subject to certification and notice requirements.