Alejandro Alonso, a partner in the commercial area, analyzes a recent ruling on how courts determine online trademark infringement in Europe, in his article for the latest issue of Revista VPC.
Our commercial lawyer explains the indications that the Court of Justice of the European Union takes into account when determining whether or not a member country has jurisdiction to resolve issues related to online trademark infringements.
As he notes in his article: "In relation to litigation arising from online trademark infringement, the determination of which courts have jurisdiction to hear and judge these cases is a particularly important preliminary question, and the interpretation of the rules in this regard has not always been so obvious. He adds that it is of particular interest "for companies in the cosmetics and perfumery sector [...] to anticipate and be aware of the rules and case law to which they may be subject".
Some of the criteria our expert mentions are: "the international nature of the activity"; "use of a language or currency other than those customarily used in the Member State in which the seller is established"; "telephone numbers with an international prefix"; "expenditure on an Internet positioning service in order to facilitate access to the seller's site or that of its intermediary by consumers domiciled in other Member States"; "use of a top-level domain name other than that of the Member State in which the seller is established"; and "mention of an international clientele made up of customers domiciled in different Member States".
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