This is a Precedent notice and takedown letter (or NTD letter) for use when an internet service provider (ISP) or online platform is hosting or providing access to a third party’s trade mark infringing activity. It is intended to be sent to an ISP or host in circumstances where a trade mark owner wishes to provide the ISP or host with notice of trade mark infringing activity as a precursor to obtaining a website blocking order or other injunction. This notice provides the intermediary with ‘actual knowledge’ of its service being used to infringe a trade mark so that the rights holder may apply for an injunction requiring that it terminates access to the infringing website, in accordance with the principles established in Cartier International AG & others v British Sky Broadcasting Limited & others  EWCA Civ 658.
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