Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors

Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors

The High Court has jurisdiction under section 37(1) of the Senior Courts Act 1981 to grant website blocking injunctions against ISPs in trade mark cases, either on a purely domestic interpretation or by construing section 37(1) in conformity with Article 11 of the Enforcement Directive. The ISPs are intermediaries whose services are used to infringe Richemont's trade marks. The orders sought are proportionate, effective, dissuasive, and contain sufficient safeguards, including a sunset clause and provision for affected users to apply to vary or discharge the orders. The likely costs to ISPs are justified by the efficacy and benefit to Richemont, and alternative measures are less effective...

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
17 October 2014
Procedural Posture
Civil / Judgment
Outcome
Orders granted
Legal Topics
Website Blocking Orders, Trade Mark Infringement, Intermediary Liability, Proportionality, EU Directives, Freedom of Expression, Costs Regime
Intellectual Property Trade Marks Injunctions Internet Law Website Blocking Orders Trade Mark Infringement Intermediary Liability Proportionality +3 more

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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

Civil / Judgment

Legal Issues

  1. 1 Does the High Court have jurisdiction to grant website blocking orders against ISPs in trade mark cases?
  2. 2 What threshold conditions must be satisfied for such orders?
  3. 3 Are the orders proportionate and compliant with EU law and the Charter of Fundamental Rights?

Ratio Decidendi

The High Court has jurisdiction under section 37(1) of the Senior Courts Act 1981 to grant website blocking injunctions against ISPs in trade mark cases, either on a purely domestic interpretation or by construing section 37(1) in conformity with Article 11 of the Enforcement Directive. The ISPs are intermediaries whose services are used to infringe Richemont's trade marks. The orders sought are proportionate, effective, dissuasive, and contain sufficient safeguards, including a sunset clause and provision for affected users to apply to vary or discharge the orders. The likely costs to ISPs are justified by the efficacy and benefit to Richemont, and alternative measures are less effective...

Court Disposition

Orders granted

Orders

  • Website blocking injunctions granted against each ISP in substantially the form sought by Richemont, subject to modifications including a sunset clause and express provision for affected users to apply to vary or discharge the orders.
  • Costs regime: rightholders to bear costs of application, ISPs to bear costs of implementation, subject to possible variation in appropriate cases.