Preiskel & Co’s David Allen Green advised the Open Rights Group in relation to their intervention in various ISPs’ Supreme Court Appeal, Cartier International AG and others (Respondents) v British Telecommunications Plc and another (Appellants), [2018] UKSC 28.
The appellants were the five largest internet service providers (ISPs) in the UK, while the respondents were a number of luxury goods companies trading under well-known trade marks.
At First Instance and in the Court of Appeal, the respondents had sought injunctions under which the ISPs would have to limit access to websites selling counterfeit goods. The appeal centred upon which party should bear the costs of the granting of the injunctions and the implementation of the required website-blocking orders.
The Open Rights Group were permitted to intervene, submitting written submissions to the Supreme Court.
The Supreme Court unanimously allowed the appeal with regards to the costs of implementing the injunctions, but not with regards to the costs of the litigation. Lord Sumption gave the judgment, which can be read here.
Please contact David if you have any questions regarding the above.