Nintendo Co Ltd v Sky UK Ltd & Ors, Ch Div (Arnold J), 10/9/19

The claimant obtained a website-blocking injunction requiring the defendant ISPs to block their customers’ access to four websites which advertised and offered for sale devices which allowed the circumvention of technological protection measures on the Nintendo Switch games console, contrary to s.296 and s.296ZD. The websites used signs identical to the claimant’s registered marks and the use was not in accordance with honest practices. The court had jurisdiction to grant the injunction not only on the basis of trade mark infringement but also on the basis of infringement of ss. 296 and 296ZD CDPA. The injunction struck a fair balance between protecting the claimant’s rights and the other rights engaged, and was proportionate.