International Jurisdiction

Limitation of international jurisdiction for online EU trade mark infringements

In a decision of November 9, 2017 (I ZR 164/16, perfume trademarks), the German Federal Supreme Court (BGH) ruled on the international jurisdiction of (German) courts under Art. 97 (5) European Union Trademark Regulation 2007/2009 (EU TMR) (now Art. 125 (5) European Union Trademark Regulation 2017/1001, EU TMR 2017/1001) in a case of alleged EU trade mark infringement. The BGH held that nationa…


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Online Advertising Trademark

ECJ: Request to delete infringing online-advertising by trademark infringer is sufficient

Who is responsible for the deletion of infringing ads that are placed by the trademark infringer on third party websites? How much efforts are to be made by the trademark infringer to have such ads deleted? The European Court of Justice (ECJ) had to answer this question in its decision of 3 March 2016 (Az. C-179/15).
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