The Court of Appeal of England and Wales (CA) confirmed yesterday the availability of injunctions against Internet access providers to the benefits of trade mark owners. In short, the CA had to hear appeals by five English Internet service providers (Sky, BT, EE, TalkTalk and Virgin, known as ‘the ISPs‘) against first instance orders made … Continue reading
Tag Archives: blocking injunction
Why CG v Facebook Ireland et al might be less odd than anticipated… On Internet intermediaries and monitoring obligations
CG v Facebook Ireland and Joseph McCloskey delivered on 20/02/2015 by the High Court of Justice in Northern Ireland has not always been warmly welcome… in particular by those concerned about the roles and responsibilities of Internet intermediaries in relation to distribution and access to information. Oh Well… Strangely, the CG v Facebook litigation seems … Continue reading
Google: a data controller as well as an intermediary service provider? Does this make sense? Who cares?
So everyone knows it, Google is polymorphous. It has experienced many different forms: mere facilitator, publisher, hosting provider, caching provider… The latest legal label stuck on its mutant forehead is that of “data controller” and this has been done quite “noisily” by the Court of Justice of the European Union (CJEU) in its Google Spain … Continue reading
Cartier et al v Sky et al 2014: what if the ISPs’ blocking systems did not implement Shallow Packet Inspection technologies?
Over the last couple of years, music and film copyright owners have obtained several website-blocking orders under UK copyright rules (section 97A of the Copyright, Designs and Patents Act 1988). However, as there is no equivalent legislative provision for trade mark infringement, website-blocking orders have not been used in respect of trade mark infringement… that … Continue reading