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October 26, 2014

Comments

James Whyte

It is not quite right to say that "97A has recently been used to seek a website blocking order to combat online trade mark infringement".

s.97A is copyright-specific. Arnold J in the Cartier case found jurisdiction to make an equivalent order in respect of trade mark infringement in s.37(1) of the Senior Courts Act 1981 interpreted in accordance with domestic law (or, if we was wrong about that, in accordance with Art.11 of the Enforcement Directive).

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