The Paris-based luxury watch and jewelry company has been trying to block websites allegedly selling counterfeit goods as part of the test case which could have far-reaching consequences for the worldwide web, including the broadband providers and ordinary users.


A few days ago, lawyers of Cartier International have launched their claim at the high court in London. The industry observers believe it is the first time that the Internet service providers have been asked to shut down the websites on the grounds that they contain pirated trademark logos.

Cartier International has established its reputation in the 19th century by crafting tiaras and necklaces for royalty. Now the company has brought the case against BSkyB, BT, TalkTalk and other companies. The issue raises concerns about the impact on Internet businesses and possible restrictions on freedom of speech. A digital campaign outfit, the Open Rights Group, had to intervene in the brand protection action.

The legal director of the Open Rights Group explained that the court was being asked to extend the circumstances in which blocking orders can be granted, so it is very important that the wider public interest is taken into account. The outfit hopes that its intervention can ensure that future claimants won’t use blocking orders to restrict legitimate activity or free speech.

The lawyers acting for the Open Rights Group also claimed that nobody sensible wants to give comfort or support to counterfeiters, but it’s easy to see the problems caused by such injunctions to other people who use the worldwide web.

The main problem the industry observers point at is that a whole website can be blocked just because of the activities of a few sellers. Another problem is that a copyright owner can threaten to apply for an injunction on the pretext of an alleged infringement, although it is all about unwelcome consumer criticism or parody.

The judge has asked for submissions on how the rights of legitimate Internet users would be affected by injunctions against counterfeiters. The case is still ongoing, and the Internet service providers will have to fight back.