The High Court has made a number of orders requiring several internet service providers (ISPs) to block access by their subscribers to certain websites that advertised and sold goods infringing certain registered trade marks. The court’s decision to grant the orders represents a development of the law because, unlike the position with copyright, there was no specific domestic legislation providing for website-blocking orders in the context of trade marks. While the extension of website-blocking orders might be considered important, it’s a logical development given the EU obligations imposed on member states.
No doubt, the decision will be welcomed by IP rights-holders. Notwithstanding this, the court’s decision leaves it open for ISPs to resist similar orders than in the copyright context.