Cartier v Sky: Court of Appeal allows trademark blocking orders against ISPs
Cartier InternationalvBritish Sky Broadcasting
- Court
- Court of Appeal
- Judgment
- 6 July 2016
- Citation
- [2016] EWCA Civ 658
Courts can order ISPs to block counterfeit websites for trademark infringement, not just copyright.
Cartier's owner wanted UK internet providers to block websites selling fake goods, even though the providers had done nothing wrong themselves. The Court of Appeal agreed the courts have the power to order this, and that the providers would pay for putting the blocks in place.
What happened
Richemont, through its subsidiary Cartier International AG, owns luxury brands including Cartier and Montblanc. It discovered websites advertising and selling counterfeit versions of its goods and asked the High Court to order five major UK internet service providers to block access to those sites. The providers had not infringed any trademark themselves but were the gateway UK customers used to reach the sites. The High Court granted the blocking orders. The ISPs appealed, arguing no English law gave the court power to make such orders for trademark infringement (unlike copyright, which has its own specific statute), and that even if it did, the orders were disproportionate and it was Richemont, not the ISPs, that ought to pay for implementing them.

What did the court decide in Cartier International v British Sky Broadcasting?
By a majority, the Court of Appeal held that the High Court already had the power to make these orders under its general injunction power in section 37(1) of the Senior Courts Act 1981, read alongside an EU directive on enforcing intellectual property rights. That power could be used against an innocent intermediary, such as an ISP, once certain conditions were met: the ISP had to be an intermediary whose services were being used to infringe, and the ISP had to know that. The orders here met those conditions and were proportionate. The majority also held the ISPs would pay for implementing the blocks, treating this as an ordinary cost of running their business. One judge disagreed on the costs point, taking the view that Richemont, as the business seeking the order, was better placed to pay those implementation costs instead.
What we learned from this
- What I'd take from this is that a business selling genuine goods under a registered name, logo or tagline has a real route to get fake-selling websites blocked at the ISP level in the UK, not just through copyright law. It's worth knowing this applies even where the internet provider has done nothing wrong. Expect to budget for the cost of bringing the application itself, since the cost of implementing the block fell on the ISPs here, not the brand owner. This remedy is aimed at counterfeit-selling websites; it isn't a general tool for every trademark dispute.
Things to be aware of
- The costs point split the Court of Appeal, and the Supreme Court later looked at this issue again, so the position on who pays for implementing blocks has moved on since this judgment.
- Blocking orders target websites selling counterfeit goods; they are not a general remedy for ordinary trademark disputes between legitimate traders.
- The order still requires proof that the ISP's service is being used to infringe and that the ISP has the necessary knowledge, so it is not automatic.
The businesses involved
Cartier International AG
A company within the Richemont group, owner of luxury brands including Cartier and Montblanc, which brought the case to stop websites selling counterfeit versions of its goods.
- Note
- Registered outside the UK
British Sky Broadcasting Ltd
A UK internet service provider, incorporated 21 January 2015 and registered in Isleworth, active and still trading, holding one trademark on the UK trademark register. It was one of five ISPs ordered to block access to the counterfeit-selling websites despite not infringing any trademark itself.
- Companies House
- 09399778 Active
- Incorporated
- January 2015
- Registered office
- Isleworth
- Business activity
- Television programme production activities
- UK trademarks
- 1
What happened next
- The Supreme Court later considered the case further, addressing which party should bear the costs of implementing blocking orders, the point on which the Court of Appeal itself had divided.Source: Euppublishing
- Commentary noted the decision extended the website-blocking regime beyond copyright into trademark infringement, confirming courts could compel ISPs to block sites selling counterfeits.Source: Eprints
- Legal commentators later observed that the blocking-order approach established in this litigation was subsequently applied to other sectors, including counterfeit and unlicensed medicines.Source: Mishcon de Reya LLP, June 2026
What others said about it
- 8 New Square noted the ruling confirmed courts had jurisdiction to grant blocking orders against innocent intermediaries once threshold conditions on knowledge and use were satisfied.Source: 8Newsquare
- 11 South Square highlighted the implications for intermediary liability, framing the case as a significant extension of remedies available against parties who are not themselves infringers.Source: 11Southsquare
How we can help
If something in this case sounds familiar, talk it through with us. The first call is free for new clients.
This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2016] EWCA Civ 658 on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 26 October 2026. Report an error.










