Nintendo Co Ltd v Sky UK Ltd & Ors

Nintendo Co Ltd v Sky UK Ltd & Ors

The operators of the target websites infringe Nintendo's trade marks and copyright protection measures, and the court has jurisdiction to grant a website-blocking injunction. The threshold and proportionality criteria for granting such an injunction are satisfied.

Parties
Claimant: Nintendo Co., Ltd; Defendant: Sky UK Limited; Defendant: British Telecommunications PLC; Defendant: EE Limited; Defendant: TalkTalk Telecom Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
10 September 2019
Procedural Posture
Intellectual Property Claim / Judgment on Application for Website Blocking Injunction
Outcome
Injunction granted
Legal Topics
Website Blocking Injunctions, Trade Mark Infringement, Copyright Protection Measures, Technological Protection Measures, Jurisdiction for Injunctions, Proportionality in Remedies
Intellectual Property Copyright Trade Mark Website Blocking Injunctions Trade Mark Infringement Copyright Protection Measures Technological Protection Measures Jurisdiction for Injunctions +1 more

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Parties

Nintendo Co., Ltd

Claimant

Sky UK Limited

Defendant

British Telecommunications PLC

Defendant

EE Limited

Defendant

TalkTalk Telecom Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Intellectual Property Claim / Judgment on Application for Website Blocking Injunction

Legal Issues

  1. 1 Whether operators of target websites infringe Nintendo's trade marks and copyright protection measures
  2. 2 Whether the court has jurisdiction to grant website-blocking injunctions based on trade mark and copyright protection measures
  3. 3 Whether threshold and proportionality criteria for granting injunctions are satisfied

Ratio Decidendi

The operators of the target websites infringe Nintendo's trade marks and copyright protection measures, and the court has jurisdiction to grant a website-blocking injunction. The threshold and proportionality criteria for granting such an injunction are satisfied.

Court Disposition

Injunction granted

Orders

  • Defendants are required to block or impede access to the specified target websites advertising, distributing, offering for sale, or selling circumvention devices for Nintendo Switch.