Preliminary questions about jurisdiction of EU trade mark court

Print this page 18-04-2018
IP10117

Case C-172/18: AMS Neve and others. Preliminary questions Court of Appeal United Kingdom

 

Trade Mark Law. The referring judge poses the following questions:

"1. Does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement and offer for sale of the goods in that territory?

2. If not, which other criteria are to be taken into account by that EU trade mark court in determining whether it has jurisdiction to hear that claim?

3. In so far as the answer to (2) requires that EU trade mark court to identify whether the undertaking has taken active steps in Member State B, which criteria are to be taken into account in determining whether the undertaking has taken such active steps?"

 

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