Internet service providers (ISPs), such as Orange, Bouygues, etc., may be ordered, according to a short judicial circuit, to block domain names, in order to stop the exploitation, in France, of the image or the brand used on the website carried by the domain name in question.
Two decisions on this subject:
High Court of Paris, 3rd chamber 4th section judgment in the form of summary proceedings, March 7, 2019, n°18/14194
The judicial authority may prescribe in summary proceedings or on request, to any person mentioned in 2 or, failing that, to any person mentioned in 1, all measures to prevent damage or to put an end to damage caused by the content of a online public communication service (version before 2021 reform)
Any person with standing to sue for infringement may apply for interim measures to the competent civil court in order to have ordered, if necessary under penalty, against the alleged infringer or the intermediaries whose services he uses, any measure intended to prevent an imminent infringement. to the rights conferred by the title or to prevent the prosecution of alleged acts of infringement. (…)
European Directive 2000/31/EC, recital n°45 states that “the limitations of liability of intermediary service providers provided for in this Directive are without prejudice to the possibility of injunctions of various types. Such injunctions may in particular take the form of decisions by courts or administrative authorities requiring that any violation be put to an end or that any violation be prevented, including by removing the unlawful information or by making the access to them impossible.”
Directive 2004/48/EC, recital 23, says that “without prejudice to any other existing measure, procedure or remedy, rightholders should have the possibility of seeking an injunction against an intermediary whose services are used by a third party to infringe the holder's industrial property right.”
Blocking and seizure of domain names
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