8/23/2016 British Appeals Court’s Counterfeit Ruling Forces ISPs to Act – WWD
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British Appeals Court’s CounterfeitRuling Forces ISPs to ActThe onus remains on Internet service providers to block rogue ecommerce sites.
BUSINESS NEWS / LEGAL
By Samantha Conti on August 15, 2016 ¬ Ŭ Õ }
LONDON – Britain is tightening the noose around counterfeiters incyberspace — and demanding that Internet service providers play theirpart.
Britain’s Court of Appeal has upheld a 2014 decision forcing thecountry’s Internet service providers to block web sites sellingcounterfeit goods.
Several big providers, including BT, EE and Virgin Media, lost theirappeal earlier this summer to overturn the High Court’s 2014 ruling.
The ruling was the first of its kind by a senior court regardingcounterfeit blocking in Europe. Advocates say it is a clear win for brandowners and designers who are increasingly battling onlinecounterfeiting.
The original ruling was a particular triumph for CompagnieFinancière Richemont, which had originally brought the case to court.
The High Court ruled that five major
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The High Court ruled that five major
providers block access to the rogue
web sites, which were selling fake
Cartier, Montblanc and IWC
Scha�ausen products.
The landmark ruling created a
framework for Richemont and other
luxury groups and designers to
apply for court orders to block
access to the sites, rather than
having to take action against the
web sites themselves — an arduous
task since there can be hundreds of
them, meaning a company must
tackle each one.
Paula Levitan, a partner at the
international law firm Bryan Cave
LLP, said that the Court of Appeal’s
decision was significant because it
crystallizes the responsibilities of
the Internet service providers.
She pointed out that while the
providers do not have a monitoring
duty, they must act if they are made
aware of the counterfeit sites.
“When they are made aware of a
counterfeit site, they have an
obligation to block it, and they can
be injuncted if they do not,” she said
in an interview with WWD.
Levitan said the Internet service
providers had argued that rogue
sites were not their responsibility.
“The ruling has made clear that if
the ISPs are made aware, they do have to take down these sites,” she
said.
“They don’t have an obligation to monitor — that is the burden of the
brand owners,” said Levitan, adding that intellectual property is
important to companies large and small, and that more and more
designers and brands are aware of their rights today and more active in
seeking legal recourse to protect them.
The original court action in 2014 came in response to a growing number
of sophisticated sites selling fake goods — often with U.K. addresses —
that had regularly duped customers into believing they were legitimate.
In lieu of legal action, Richemont had in the past worked in partnership
with other firms such as eBay to remove fake goods for sale online.
Frederick Mostert, who retired as chief counsel at Richemont shortly
after the original decision was handed down, spearheaded the original
case.
A ring from the Cactus de Cartier collection.
IVincent De La Faille / Cartier
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8/23/2016 British Appeals Court’s Counterfeit Ruling Forces ISPs to Act – WWD
He was formerly president of the International Trademark Association.
Last year, Mostert was inducted into the Intellectual Property Hall of
Fame.