FUSION 85 provided test purchase expertise which was utilised as the foundation of the Ground Breaking Nintendo Blocking Order. FUSION 85 evidence was not challenged by any of the UK’s major internet service providers (ISPs). The case ([2019] EWHC 2376) granted a ground-breaking website blocking order to Nintendo that compels five of the UK’s major ISPs to block public access to various websites advertising and selling circumvention devices.
The order was made on the basis that websites were offering for sale and distributing devices which aim to circumvent the technological protection measures (TPMs) deployed in the Nintendo Switch console and authentic Nintendo Switch games. These TPMs are protected by certain rights contained in the UK Copyright, Designs and Patents Act 1988 (CDPA) which are ancillary to IP rights.
The court‘s decision that it can grant website blocking injunctions in respect of TPMs confirms that these injunctions are not limited to cases of IP infringement.
Further information can be found at https://www.mishcon.com/news/website-blocking-orders-game-on