Eleonora Rosati, ‘UK Supreme Court holds that intermediaries have to bear no costs of injunctions against them’

Abstract
Cartier International AG and Others v British Telecommunications Plc and Another [2018] UKSC 28 (13 June 2018) (Cartier). Since the first copyright blocking injunction issued in 2011 in Twentieth Century Fox Film Corp and Others v British Telecommunications Plc [2011] EWHC 1981 (Ch) (28 July 2011) (Newzbin 2), the rule on cost allocation in the UK has been that, while rightholders/applicants bear the costs of application, the intermediaries against which a blocking injunction is granted have to bear the costs of implementation thereof. Until the 2018 decision of the UK Supreme Court in Cartier it was believed that the same rule would also apply in the case of trade mark blocking injunctions; yet the court went in a different direction.

Eleonora Rosati, UK Supreme Court holds that intermediaries have to bear no costs of injunctions against them, Journal of Intellectual Property Law and Practice, https://doi.org/10.1093/jiplp/jpy142. Published: 25 September 2018.

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