©-LAW

Readers with a fancy for online IP enforcement will remember that last July the Court of Appeal of England and Wales issued its  decision  in  Cartier and Others v BSkyB and Others  [ here ] , in which it upheld the 2014  decision  of Arnold J in the High Court  [ here  and  here ]  that blocking injunctions are also available in trade mark cases under the general power recognised by  s37(1)  of the Senior Courts Act 1981 (SCA) .  This provision states that “ [t]he High Court may by order (whether interlocutory or final) grant an injunction … in all cases in which it appears to be just and convenient to do so .” The missed implementation of Article 11 of the Enforcement Directive UK Government, in fact, implemented Article 8(3) of the  InfoSoc Directive  into UK law by inserting  s97A  into the CDPA, and UK courts have ever since developed a consistent and thoughtful jurisprudence on the app...

Wow, what a rolling coaster of emotions the past few days have been for EU- based  copyright enthusiasts!  After last week's  GS Media  decision   [ here ,  here ,  here ]  in Luxembourg and yesterday's  copyright package  in Brussels, today is back again to Luxembourg for the judgment of the Court of Justice of the European Union in  Mc Fadden , C-484/14   [the decision is not yet available on the Curia website, but here's the  press release ]  [UPDATE at 11:12: the judgment is  now available  on the Curia website] This blog has followed this case for a while, after  reporting  for the first time on this reference for a preliminary ruling from  th e Landgericht München I (Regional Court, Munich I, Germany)  in late 2014 (and also  hosting  the open 'Save our open WiFi' letter penned by the  Electronic Frontier Foundation  in 2015). What is this case abou...