Blocking access to counterfeit sites
In a landmark ruling the High Court of England and Wales has granted an injunction against an internet service provider to prevent access to websites selling counterfeits. While this is good news for rights holders, it is unlikely to be the final word on the matter
The High Court of England and Wales ruled in Cartier v BskyB ( EWHC 3354 (Ch) Arnold) that it had jurisdiction to grant an injunction against internet service providers (ISPs) to prevent access to websites that were selling counterfeit goods. Such counterfeit goods infringed the trademark rights of Richemont, the owner of well-known luxury brands such as Cartier and Mont Blanc. Richemont’s claim was the first in the United Kingdom to seek relief against ISPs for trademark infringement performed by users of their services. The decision builds on recent UK cases blocking access to copyright-infringing websites and will be a welcome addition to the steps that rights holders can take to battle counterfeiters.
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