Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch)
A test case concerning the ability of Trade Mark proprietors to seek orders against ISPs requiring them to block counterfeiter’s websites. The Court gave consideration to whether it had jurisdiction to make such orders under Section 37 of the Senior Courts Act and Article 11 of the Enforcement Directive and held that it did. The Court then considered the factors applicable to the grant of such orders as a question of discretion. The Court held it would make orders against the ISPs in respect of a number of counterfeiters’ websites. The orders would be subject to a “sunset” clause.