Trade mark owners can obtain court orders to block websites which sell counterfeit goods following a landmark judgement in the High Court in London. In a case brought by Richemont, owner of the Cartier, MontBlanc and IWC brands, the court concluded that internet service providers (ISPs) play ‘an essential role’ in tackling infringement online.  It agreed that ISPs could be required to impede infringement by copyright-infringing websites.  It is the first time that an internet provider has been required to protect trademarks, not just copyrights.

Impact

Five UK ISPs were ordered to block or impede access to six websites selling counterfeit products.  In his judgement Justice Arnold referred to reports that the value of counterfeit and pirated goods would increase to $960bn by 2015. Simon Baggs, partner at Wiggin, which acted for Richemont, said he expected the decision to have an impact well beyond the UK.