BREAKING: Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases
A nice surprise for Cartier and friends Can injunctions (particularly: blocking injunctions) be issued against intermediaries in trade mark cases, even lacking in the UK a specific implementation of the third sentence in Article 11 of the Enforcement Directive ? The High Court judgment Back in 2014 the High Court of Justice of England and Wales (Arnold J) answered this question in the affirmative in its judgment in Cartier and Others v BSkyB and Others [noted here and here ] . Unlike copyright [in relation to which the possibility of injunctions against intermediaries is expressly envisaged by s97A of the Copyright Designs and Patents Act 1988 (CDPA), through which the UK implemented Article 8(3) of the InfoSoc Directive into its own national law] , at the time of transposing the Enforcement Directive into its own law UK Government thought that it did not need to take any action to trans...