Request for a preliminary ruling on jurisdiction in case of trademark infringement by a company in a Member State through an ad, aimed at consumers in another Member State

Case C-172/18 AMS Neve et al. Preliminary questions. Court of Appeal (United Kingdom)

Trade mark law – Applicants state that defendants infringed their Union trade mark and two British trade marks by advertising imitations of their products and selling and delivering those products to customers in the United Kingdom. The Court of Appeal (IPEC) asks preliminary questions about the Union trade mark infringement:

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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