Two broadband providers, BT and EE, have gone to the Supreme Court in London to appeal two key aspects of an earlier ruling, which forced major UK ISPs to start blocking websites that were found to sell counterfeit goods. Previously major ISPs could
only be forced, via a court order, to block websites if they were found to facilitate internet copyright infringement. But in 2014 the High Court extended this to include sites that sell counterfeit goods and thus abuse company trademarks. The
providers initially appealed this decision, not least by stating that Cartier and Montblanc (they raised the original case) had provided no evidence that their networks were being abused to infringe Trade Marks and that the UK Trade Mark Act did not
include a provision for website blocking. Not to mention the risk that such a law could be applied in an overzealous way, eg requiring the blocking of eBay because of one seller. The ISPs also noted that trademark infringing sites weren't heavily
used, and thus they felt as if it would not be proportionate for them to suffer the costs involved. In April 2016 this case went to the Court of Appeal (London) and the ISPs lost and so the appeal to the Supreme Court. |