Cartier International AG v British Sky Broadcasting Ltd and Others
| Jurisdiction | England & Wales |
| Judge | Mr Justice Arnold |
| Judgment Date | 26 November 2014 |
| Neutral Citation | [2014] EWHC 3915 (Ch) |
| Court | Chancery Division |
| Docket Number | Case No: HC14001056 |
| Date | 26 November 2014 |
[2014] EWHC 3915 (Ch)
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
Royal Courts of Justice
Rolls Building, Fetter Lane, London, EC4A 1NL
The Hon Mr Justice Arnold
Case No: HC14001056
Adrian Speck QC and Benet Brandreth (instructed by Wiggin LLP) for the Claimant
Reed Smith LLP for the Defendants
On 17 October 2014 I handed down judgment in Cartier International AG v British Sky Broadcasting Ltd [2014] EWHC 3354 (Ch), in which I decided that, for the reasons given in that judgment, I would make orders substantially in the form sought by Richemont on the application which was before the Court ("the Main Application").
During the course of preparing evidence on the Main Application, Richemont found that a search for the term "buy cartier fakes" on Google identified two sites out of the first 100 results returned that were responsible between them for 41% of the results, namely pillarrecruitment. com and pasmoldsolutions. com ("the New Websites"). At the time the Main Application was commenced, the New Websites appeared to be legitimate websites. Subsequently, however, it became apparent that they were now operating as counterfeiting websites. Accordingly, Richemont sought to gather evidence about their activities, including making trap purchases from each of the New Websites.
Although the trap purchases were made on 23 September 2014, before the hearing of the Main Application, the goods were not received in the UK until 4 October 2014 (pasmoldsolutions. com) and 20 October 2014 (pillarrecruitment. com). They were not analysed by Richemont to confirm that they were counterfeits until 21 October 2014 (pasmoldsolutions. com) and 31 October 2014 (pillarrecruitment. com). It was not, therefore, possible for Richemont to seek to have the New Websites considered as part of the Main Application.
On 11 November 2014 I heard further argument as to the precise form of the order to be made on the Main Application, and consequential matters. Shortly before that hearing, Richemont launched a further application ("the Supplementary Application") to block the New Websites. Since the ISPs were not ready to deal with the Supplementary Application on that occasion,...
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Cartier International AG and Others (Claimants/Respondents (HC14 C01382) Cartier International AG (Claimant/ Respondent (HC14 C001056) v British Sky Broadcasting Ltd and Others (Defendants/Appellants (HC14 C01382 & HC14 C001056) The Open Rights Group (Intervener)
...ON APPEAL FROM THE HIGH COURT OF JUSTICE CHANCERY DIVISION (INTELLECTUAL PROPERTY) The Hon Mr Justice Arnold [2014] EWHC 3354 (Ch) & [2014] EWHC 3915 (Ch) & [2014] EWHC 3794 (Ch) Royal Courts of Justice Strand, London, WC2A 2LL Miss Charlotte May QC and Dr Jaani Riordan (instructed by Reed ......