- Advocate General opines on jurisdiction in online trade mark infringement case (AMS Neve v Heritage)
- What are the practical implications of this case?
- What was the background?
- What did the AG opine?
- Case details
IP analysis: The Advocate General has opined on the interpretation of Article 97(5) of Regulation (EC) 207/2009, following a reference from the Court of Appeal. The reference was made in the context of a trade mark infringement case involving the infringement of an EU trade mark registration owned by a UK proprietor, by a Spanish company whose website was said to target customers in the UK. The Advocate General considered that, in circumstances where an undertaking which is established and domiciled in Member State A has taken steps in that territory to advertise and offer for sale goods under a sign identical to an EU trade mark on a website targeted at traders and consumers in Member State B, an EU trade mark court in Member State B has jurisdiction to hear an action for infringement of the EU trade mark in respect of the advertisement and offer for sale of goods in that territory.
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