International jurisdiction in online EU trade mark infringement cases: CJEU rules that targeting may serve to establish jurisdiction
Will this Kat be competent to judge? When it comes to determining international jurisdiction in proceedings resulting from the alleged online infringement of an EU trade mark, where is the place of infringement, as per Article 97(5) of the 2009 EU Trade Mark Regulation (EUTMR, now Article 125(5) of the 2017 Regulation ), located? This was the question at the heart of the referral in AMS Neve , C-172/18 , which the Court of Justice of the European Union (CJEU) decided today. More specifically, the question referred by the Court of Appeal (England and Wales) related to a situation in which the defendant is established and domiciled in Member State A (in this case, Spain) and advertised and offered for sales infringing goods on a website targeted at traders and consumers in Member State B (in this case, the UK). Could courts in Member State B have jurisdiction to hear a claim for infringement of an EU trade mark? I...