Bid to stop internet sales of counterfeit goods

Philip Herbert comments on a story in The Times about Cartier’s High Court claim against Internet Service Providers (ISPs) BSkyB, BT, EE, VirginMedia and TalkTalk, with the aim of blocking the offending websites.

“The Cartier case shows the exasperation of luxury goods and brand owners in seeking to prevent the unlawful offer for sale of counterfeit product,” said Philip Herbert, partner in the Media & Brand Protection Department of Hamlins LLP. “The action is interesting as it reflects the change in emphasis on internet blocking injunctions. However, by seeking to use Trade Mark infringement as cause of action, they are entering unchartered territories as to how far the Courts will go in ordering the ISPs to uphold those rights. In circumstances where the ISPs decide that they are not obliged to concede to the application, this may well become a contested hearing in order that the Courts can establish whether the rights asserted by Cartier are a correct application of the law.

“Whilst the High Court has been seen to be supportive of copyright owners in their battle against online copyright infringement, it is currently not clear that the tools exist for Trade Mark and brand owners to follow suit unless new legislation is introduced.”

Read the full article here: Bid to stop internet sales of counterfeit goods