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Free keywords:
International jurisdiction; Infringement of EU trade marks; Brussels Regulation; Jurisdiction and applicable law
Abstract:
In its decision of 9 November 2017 the German Federal Court of Justice held that jurisdiction based on Art. 125(5) EUTMR is only vested in the courts at the place where, based on an overall assessment, the initial cause was set for the individual acts of infringement occurring in multiple Member States. The decision mixes up previous CJEU decisions dealing with international jurisdiction and applicable law. It could have serious repercussions in practice, as it amounts to discarding or at least seriously curtailing infringement jurisdiction based on Art. 125(5) as an alternative to the venues of central jurisdiction listed in Art. 125(1)–(4) EUTMR. In view of the serious consequences, the issue should at least have been referred to the CJEU.
