The High Court has handed down a further judgment in the aftermath of Cartier v BSkyB, where Arnold J had granted orders requiring Internet Service Providers (ISPs) to block several websites selling counterfeit goods. The latest ruling concerns the precise wording of those orders, specifically regarding the blocking of IP addresses which might affect other websites operated on the same server. Arnold J accepted the brand owners’ proposal that the ISPs would only be required to block an IP address where all sites associated with it were “engaged in unlawful activity” (even if they did not infringe any IP rights). The operators of the affected websites would also be given an opportunity to either move their other sites to an alternative server, or to object before their IP address was blocked. Arnold J was satisfied that IP address blocking would not lead to any unjustified “collateral damage” where all the associated websites were engaged in unlawful activity.
Cartier and others v British Sky Broadcasting and others  EWHC 3765 (Ch)