![]() ![]() The rightsholders claimed that, although their rights were trade mark rights, they too were entitled to injunctive relief against the ISPs (notwithstanding that it was not alleged that the ISPs were wrongdoers, and even though there was no intention to pursue the counterfeiting websites in litigation) pursuant to Article 11 of the Enforcement Directive. Such injunctions are available to copyright owners in respect of copyright-infringing websites, under s.97A of the Copyright Designs & Patents Act 1988 (CDPA). After conducting test purchases to the UK, they had commenced proceedings in the Chancery Division against the UK’s major internet service providers (ISPs), seeking a web-blocking injunction preventing the ISPs consumers from visiting the infringing websites. ![]() The Claimant rightsholders are all owners of trade marks that were being infringed by overseas websites selling counterfeited goods. ![]()
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