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Nintendo’s successful blocking injunction against websites distributing infringing devices may open the door for similar orders in non-IP cases, as Anna Ward and David Rose of Mishcon de Reya explain.
Website blocking orders have been available to rights owners seeking to enforce their copyright against piracy sites for almost 10 years, proving an extremely useful tool in the music and film industries (among others).
Blocking orders have also been available to brand owners seeking to enforce trademark rights since 2014. In a case involving consumer electronics and video game company Nintendo, the English High Court has extended the availability of blocking orders even further, in a case related to ancillary rights under copyright legislation. This paves the way for further court applications seeking blocking injunctions where other rights are at play. Mishcon de Reya acted for Nintendo in the case.
The case ([2019] EWHC 2376) granted a ground-breaking website blocking order to Nintendo, the seller of the Nintendo Switch games console. The order compels five of the UK’s major internet service providers (ISPs) to block public access to various websites advertising and selling circumvention devices.
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Nintendo, injunction, website, rights owners, trademark registration, piracy, infringement, IP rights, Supreme Court, Court of Appeal, ISPs, video games
