Injunction Against Online Intermediary of IP Infringement

Cartier and others v BSkyB and others [2014] EWHC 3354 (Ch)

The High Court had to try a case where the holders of trade mark rights sought court orders against internet service providers hosting websites which advertised and promoted counterfeit goods that infringe those trade mark rights. 

Whereas for infringement of copyrights English law expressly authorises the court to grant orders against the non-infringing intermediary it was contentious whether the same applied to infringement of other intellectual property rights.
The issue arose because the legislator did not pass according law in the process of implementing the EU Information Society Directive, in particular its Article 11 as it was thought to be already and sufficiently provided for by English law under section 37 of the Supreme Court Act 1981.
The court therefore found that due to the governments legislative motives and Britain's obligation to implement EU law section 37 of the Supreme Court Act should be interpreted to authorise the court to grant blocking orders against the internet service providers being intermediates to trade mark infringements.