UK Supreme Court holds that intermediaries have to bear no costs of injunctions against them

Rosati, Eleonora (2018) UK Supreme Court holds that intermediaries have to bear no costs of injunctions against them. Journal of Intellectual Property Law & Practice. (doi:10.1093/jiplp/jpy142).

Record type: Article

Abstract

Since the first copyright blocking injunction issued in 2011 in Twentieth Century Fox Film Corp & Ors 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.

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