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

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

The court has jurisdiction to make website blocking orders targeting IP addresses shared by unlawful websites, and Richemont's proposal provides adequate procedural safeguards for lawful operators.

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
Civil / Post Judgment Consequential Hearing
Outcome
Richemont's proposal for future notifications and IP address blocking accepted, with paragraph (B) omitted as ISPs declined the option.
Legal Topics
Website Blocking Orders, IP Address Blocking, Jurisdiction, Collateral Damage, Unlawful Activity
Intellectual Property Civil Procedure Website Blocking Orders IP Address Blocking Jurisdiction Collateral Damage Unlawful Activity

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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 / Post Judgment Consequential Hearing

Legal Issues

  1. 1 Jurisdiction to grant website blocking orders
  2. 2 Scope of 'unlawful activity' for blocking
  3. 3 Procedural safeguards for affected websites

Ratio Decidendi

The court has jurisdiction to make website blocking orders targeting IP addresses shared by unlawful websites, and Richemont's proposal provides adequate procedural safeguards for lawful operators.

Court Disposition

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

Orders

  • Order for IP address blocking of Target Websites where other sites sharing the address are engaged in unlawful activity, subject to procedural safeguards.