Category Archives: Intellectual Property

In Football Association Premier League Ltd v British Telecommunications plc and others, the High Court granted the Football Association Premier League Ltd (“FAPL”) a blocking order targeting streaming servers. Background In FAPL v Sky [2013] EWHC 2058, FAPL was granted an interim injunction against the major UK ISPs (including Sky, TalkTalk and Virgin Media). This required … Continue reading FAPL v ISPs – the next fixture of the Premier league season

In Heythrop Zoological Gardens Limited (t/a Amazing Animals) and another v Captive Animals Protection Society, the Intellectual Property Enterprise Court refused to grant an interim injunction preventing publication of photographs and videos taken by animal rights campaigners.  It held there was an insufficient likelihood that the claimant zoo would obtain a final injunction at trial … Continue reading IPEC refuses to grant interim injunction against animal rights campaigners

In McFadden v Sony Music Entertainment Germany GmbH, the Court of Justice of the European Union (“CJEU”) has ruled that providers of free WiFi networks are not liable for copyright infringement committed by third parties using their network. Background Tobias McFadden owned a lighting and sound system store and, using the services of a telecommunications … Continue reading CJEU rules provider of free WiFi not liable for copyright infringement by network users

On 8th September 2016, Mr Justice Arnold handed down his decision in Fujifilm Kyowa Kirin Biologics Co Ltd. v AbbVie Biotechnology Limited and AbbVie Limited, refusing to strike out or summarily judge Fujifim’s claims for an Arrow declaration and anti-suit injunction against AbbVie Bermuda and its UK subsidiary AbbVie UK (collectively “AbbVie”).  The case has … Continue reading High Court refuses to strike out claim for Arrow declaration and anti-suit injunction

In Tommy Hilfiger Licensing LLC and others v Delta Center a.s., the Court of Justice of the European Union (“CJEU”) ruled that injunctions available against intermediaries under the Enforcement Directive (Directive 2004/48 on the enforcement of intellectual property rights) can apply to physical marketplaces in the same way as online marketplaces. Background Tommy Hilfiger, Urban … Continue reading CJEU rules injunctions to apply to physical marketplaces

In Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd and Sandoz Limited, Arnold J refused to grant a final injunction against the defendants, who were proposing to launch generic seven-day analgesic transdermal patches in competition with a patented Napp product already on the market.  The marketing authorisations sought by both defendants relied on … Continue reading Injunction refused in quia timet patent infringement case where infringement would be de minimis; however interim injunction granted pending appeal

The Court of Appeal has today handed down its judgment in Cartier International AG and others v British Sky Broadcasting Limited and others, refusing an appeal against an order requiring internet service providers (“ISPs”) to block websites offering counterfeit goods. Cartier and the other Claimants sought an injunction against the five main ISPs in the … Continue reading Cartier and others v BSkyB and others: Court of Appeal upholds website blocking injunction against internet service providers

In an Opinion published last month on a reference currently before the Court of Justice of the European Union (“CJEU”) (McFadden v Sony Music Entertainment Germany GmbH (Case C-484/14)), Advocate General Szpunar addressed the issues of: Whether a password-free, free of charge WiFi service could be liable for infringement of content transmitted via that service, … Continue reading Injunctions could be granted against free-of-charge, password-free WiFi service providers, but within limits, says EU Advocate General

In the second case brought by Cartier against ISPs (Cartier International Ltd and another v British Telecommunications plc and others), HHJ Hacon, sitting as a judge of the High Court, granted a website blocking injunction, requiring the ISPs to block access to websites that were selling goods that infringed Cartier’s trade mark rights. The claimants … Continue reading High Court grants blocking injunction against ISPs to prevent further trade mark infringement

In Stretchline v H&M the High Court denied injunctive relief to prevent further infringement of a patent in a case relating to breach of a settlement agreement. Background The action was originally commenced as an action for breach of the settlement agreement and patent infringement.  The infringing products in question were undergarments, primarily bras, which … Continue reading Breach of Settlement Agreement: High Court Denies Injunctive Relief to Prevent Further Infringement of Patent