Mr Michael Yates

Michael Yates


Intellectual Property

Supreme Court says trademark owners should bear costs of implementing blocking injunctions
United Kingdom | 13 August 2018

The Supreme Court has ruled that trademark owners should indemnify internet service providers (ISPs) for the costs incurred in blocking access to websites that infringe their marks. The decision reverses the lower courts' rulings that these costs should be picked up by ISPs. However, the indemnity must be limited to reasonable compliance costs. Therefore, the ruling should not deter brand owners from applying for blocking orders in appropriate cases.