ABSTRACT
This chapter considers the nature and scope of a proposal for law reforms, wherein an amendment to the Trade Marks Act 1994 is proposed, aimed at expanding the scope of the infringement action to capture internet intermediaries that become sufficiently involved in infringements. The proposed reforms aim to confer aggrieved trade mark proprietors the right to claim damages against intermediaries in very specific circumstances. In contrast to Internet Service Providers and navigation providers, hosts generally exercise both contractual and technical control over persons creating content that becomes stored on their platforms or servers. A proposal to amend the law such that hosts could be made liable for trade mark infringements, leading to a monetary remedy being made available against culpable hosts, is easily justified. The provision must be consistent with the E-Commerce Regulations, which transposes the E-Commerce Directive into UK law.
