International jurisdiction in online EU trade mark infringement cases: where is the place of infringement located?
Oh, tell me more about jurisdiction in IP infringement cases Over the past couple of years the Court of Justice of the European Union (CJEU) has been busy addressing the question of jurisdiction [also an evergreen topic of conversation in any situation, notes Merpel] for alleged online infringements of copyright: just think of the decisions in Pinckney [Katposts here ] and Hejduk [ here ] , in which the CJEU held that accessibility of the allegedly infringing content is one of the criteria to determine jurisdiction within Article 7(2) of the Brussels I Regulation recast . But what about online infringements of what are soon to be called EU trade marks? Article 97 of the EU Trade Mark Regulation (EUTMR, the content of which will not be substantially affected when Regulation 2015/2424 enters into force in March [ here and here ] ) sets a number of grounds t...