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LAW REPORT

Costs of website injunctions falls on trademark holders

The Times

Supreme Court

Published: June 21, 2018

Cartier International AG and Others v British Telecommunications plc and Another (Open Rights Group and others intervening)

Before Lord Reed, Lord Kerr of Tonaghmore, Lord Sumption, Lord Hodge and Lord Mance
[2018] UKSC 28
Judgment June 13, 2018

Owners of trademarks who obtained website blocking injunctions to prevent access to sites selling counterfeit goods had to pay the internet service providers’ costs of complying with the injunctions.

The Supreme Court so held in allowing an appeal by internet service providers (ISPs), British Telecommunications plc and EE Ltd, against part of the decision of the Court of Appeal (Lord Justice Jackson and Lord Justice Kitchin; Lord Justice Briggs dissenting) ([2017] Bus LR 1) affirming an order by Mr Justice Arnold