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All together now: ‘block’

06-04-2016

Marc Rachman and Michael Silver

All together now: ‘block’

Wissanu / Shutterstock.com

Retail trade associations haven’t yet followed their media brethren into the website blocking game to fight counterfeiters. Marc Rachman and Michael Silver of Davis & Gilbert discuss the reasons.

In a widely-reported ruling, the English High Court in February accepted luxury brand Cartier’s application for an injunction that ordered the UK’s five largest internet service providers (ISPs) to block several websites that had been selling counterfeit Cartier products.

The order follows a similar high court ruling from October 2014, also in favour of Cartier, which marked the first time the website blocking protection that has been available to copyright owners since 2010 was extended to trademark owners.

However, to date, Cartier (together with sister brand Mont Blanc) is the only brand to seek this manner of judicial relief. With the UK courts apparently willing to intervene at the ISP-level to root out counterfeiting, and businesses in the EU reportedly losing €9.5 billion ($10.8 billion) in revenue due to counterfeiting every year, why aren’t more brands protecting their marks through blocking orders?


Marc Rachman, Michael Silver, Davis & Gilbert, URLs, counterfeit, trademark, MPAA, trade associations, ISP, Cartier,

WIPR

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