- Alert: Jurisdiction in related trade mark actions clarified (Merck v Merck)
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IP analysis: The Court of Justice has followed the opinion of the Advocate General and held that Article 109(1)(a) of Council Regulation (EC) 207/2009 must be interpreted as meaning that, where two actions for infringement are brought before courts of different Member States, the first on the basis of a national trade mark, concerning infringement within the territory of a Member State, and the second on the basis of an EU trade mark, concerning infringement in relation to the entire territory of the European Union, they only constitute ‘the same cause of action’, to the extent that they concern the territory of the same Member State. The court other than the first court seised must of its own motion decline jurisdiction as regards the part of the action which concerns the territory common to both actions. It also held, among other things, that where the marks concerned are identical, the court other than the first court seised must decline jurisdiction only in so far as the marks are valid for identical goods and services.
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