ABSTRACT
This chapter sets out the development of the injunctive remedy against Internet Service Providers (ISP) in the copyright context, and then considers the recent, albeit problematic, extension of the remedy to the context of enforcing trade marks. It identifies the difficulty in extending Article 11 of the Enforcement Directive as the legal basis for injunctions in the field of trade marks, at least to the extent that it applies to ISPs and navigation providers. In the trade mark context, the role played by ISPs in providing internet access to their subscribers in no way relates to the infringing acts of the operators of a website targeted for blocking. Even though content could be blocked effectively by obtaining blocking injunctions against all ISPs operating within a particular jurisdiction, cached copies of the blocked content may still be available in the indexes of search engines.
