All posts with the tag: Trade Mark

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

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 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 Enterprise v Europcar, Arnold J held that the geographical scope of an injunction granted to restrain trade mark infringement and of the inquiry as to damages should be limited to the UK, even though the case involved a European Community trade mark. The court also granted the claimant a publicity order for three months. … Continue reading Community trade mark injunction restricted to the UK

With so many businesses operating across borders, the ability to obtain interim relief on a pan-European basis is an extremely powerful remedy. However, brand owners should consider shopping around for the most favourable forum. The infringement of a registered trademark can cause irreparable damage to the reputation, image and value of a brand, over and … Continue reading Overview of interim relief in trademark actions across Europe

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 … Continue reading Cartier v BSkyB: court rules on wording of website blocking order

In the recent decision in Anglian Windows Limited v Anglian Roofline Limited (reported on Lawtel here), Judge Richard Hacon sitting in the Intellectual Property Enterprise Court re-affirmed the American Cyanamid principles for the grant of interim injunctions in trade mark infringement cases. In this case, a long-established and successful home improvements business trading as “Anglian … Continue reading IPEC re-affirms American Cyanamid principles in trade mark infringement cases

Cartier International AG and others v British Sky Broadcasting Ltd and others was a test case in which the court held that trademark holders may be granted site-blocking injunctions against internet service providers (“ISPs”). In the judgment, Mr Justice Arnold considered the nature of the court’s jurisdiction to award injunctive relief and concluded that the … Continue reading Cartier v BSkyB: court considers scope of jurisdiction to make injunctions

Cosmetic Warriors Ltd v Amazon.co.uk Ltd concerned the form of injunction granted in a trademark infringement case in the context of keyword use.  Amazon had been held to have infringed the community trade mark (“CTM”) LUSH (that also being the trading name of Cosmetic Warriors) via its use of the keyword LUSH in sponsored adverts … Continue reading Form of injunctive relief to be imposed in trade mark infringement case