Cartier International AG v British Sky Broadcasting Ltd [2014] EWHC 3354 (Ch)

Document type
Court Decision
A UK court issued a blocking order in  a case involving an attempt to combat trademark infringement rather than copyright infringement. The Court noted that there is no statutory counterpart in the field of trademarks to Sections 97A of the UK Copyright Act. However, the Court granted the injunction construing the Court's general jurisdiction to issue injunctions in the context of Article 11 of the Enforcement Directive. The following criteria were identified for the grant of such an injunction – (1) the ISP receiving the order has to be an intermediary, (2) trademark infringement had to occur on the targeted website (3) the targeted website had to rely on the ISP’s service, (4) the ISP must have  had the actual knowledge of the infringements in question. This was the first instance in Europe that a court ordered access providers to block access to a website for trademark infringement. See also CIS blog}
Topic, claim, or defense
Other IP
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Court Order