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ARTICLE · 18 JUNE 2018

Website Blocking Orders And Trade Mark Infringement

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Internet service providers ("ISPs") should not pay the costs of implementing website blocking orders in relation to trade mark infringements, the Supreme Court ...

United KingdomIntellectual Property
Maherunesa Khandaker
Maherunesa Khandaker
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Internet service providers ("ISPs") should not pay the costs of implementing website blocking orders in relation to trade mark infringements, the Supreme Court has ruled in Cartier International AG and others v British Telecommunications Plc and another [2018] UKSC 28.

The Supreme Court found that issues of costs are a matter of national law. The decision that costs of compliance must be paid by trade mark owners is primarily based on ISPs being viewed as innocent intermediaries, who are not guilty of trade mark infringement and do not indirectly benefit from trade mark infringements.

Background

The trade mark owners in this dispute include luxury goods groups Cartier, Montblanc and Richemont (the Rights-Holders), whilst the ISPs include BT and EE.

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