Trademarks — the EU Court of Justice on jurisdiction relation to international infringement
The company Coty Germany filed a claim before the first-instance German court against the Belgian company First Note for infringement of its Community tri-dimensional trademark no. 003788767 and for breach of the German law against unfair competition and unlawful comparative advertising; what emerges from the decision is that the German company Stefan P Warenhandel had in fact purchased in Belgium from First Note and resold in Germany a perfume, the packaging of which replicated the plaintiff’s trademark.
The claim was rejected in first instance and the appeal decision affirmed the lack of international jurisdiction of the German courts. Coty proposed appeal before the Bundesgerichthof (Supreme Court) that decided to stay the proceedings before it and to refer to the court for a preliminary ruling relating to the interpretation of (i) article 93, paragraph 5, of Regulation no. 40/94; and (ii) article 5, point 3, of Regulation no. 44/2001…
Click on the link below to read the rest of the NCTM briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from NCTM
News from The Lawyer
Briefings from NCTM
This paper looks at the construction of normal value in World Trade Organisation anti-dumping law in relation to market economies.
Public or government procurement in CETA, the economic and trade agreement between Canada and the EU
The Comprehensive Trade and Economic Agreement provides a range of measures to make doing business between Canada and the EU easier.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms