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The technical limitations and cost implications of a blocking injunction mean that it is not a ‘silver bullet’ for tackling online infringement, but it can be a valuable tool, says Kostyantyn Lobov of Harbottle & Lewis.
A series of the English High Court’s decisions, starting with the ruling in Cartier International AG and others v British Sky Broadcasting and others in 2014, and culminating in the recent English Court of Appeal decision in the same dispute, has confirmed the availability of so-called website blocking injunctions in trademark infringement cases.
A blocking injunction is essentially a court order which can be obtained by a rights owner against one or, more typically, several internet service providers (ISPs) requiring them to implement technical measures to prevent access to websites found to be hosting or facilitating access to infringing material.
In this article we briefly consider the effectiveness of these injunctions as a means of enforcement, and suggest some other remedies which may come as useful alternatives or to complement a rights owner’s overall enforcement strategy.
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Kostyantyn Lobov, Harbottle & Lewis, Cartier Interantional, Sky Broadcasting, trademark infringement, trademark, The Pirate Bay, ISP, website blocking,