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…

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