innocent parties injunctions

Posted in Art. 11 EnforD, innocent parties injunctions

New CJEU Case On Injunctions Against an Operator of an (Offline) Marketplace
UKIPO informs that the Supreme Court of the Czech Republic just referred the following questions to the Court of Justice of the European Union (Tommy Hilfiger Licensing C-494/15): Is a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market-traders for their use,
Read More
Posted in Art. 8(3) InfoSoc, disconnecting injunctions, EU, in rem injunctions, innocent parties injunctions, internet access

Spanish Court Issued The First Disconnecting Injunction Against a Single Access Provider
A good friend, Miquel Peguera from Spanish Universitat Oberta de Catalunya, just reported what is probably the first private litigation, where an access provider was sued to disconnect its subscribers from the Internet. Although some Nordic countries already earlier reported cases where access providers were sued to disconnect different providers of allegedly infringing services, Promusicae
Read More
Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, EU, in rem injunctions, innocent parties injunctions

AG: Website Blocking Is Compatible With The Union Law
Advocate General Pedro Cruz Villalón just published his opinion in UPC Telekabel Wien C‑314/12 case. He concludes that in principle website blocking is permissible injunction against an innocent intermediary. Because the opinion is not yet available in English, I summarize below only some points, that I found to be the most important: § 59: the
Read More
Posted in Art. 8(1) EnforD, Art. 8(3) InfoSoc, copyright, in rem injunctions, innocent parties injunctions, Pharma Norwich order, privacy

Are Banks Required to Disclose the Indentity of their Customers to Copyright Holders?
FutureOfCopyright reports very interesting recent Dutch copyright case – BREIN v. ING (Case No. C/13/539327). Local anti-piracy group BREIN sued well known bank and insurance company, ING, for disclosure of identity and bank transfers of one of it’s customers, who is a domain name holder of a website (largest Usenet community in the Netherlands with
Read More