Article

Parties outside the jurisdiction can be sued in the jurisdiction where they target customers where they infringe an EU trade mark.

 

By Rachel Pearse

In the recent case of AMS Neve Ltd & Another v Heritage Audio SL & Another  the Court of Justice of the European Union confirmed that parties outside the jurisdiction can be sued for EU trade mark infringement in the UK, where they target UK customers via an online platform. This decision now confirms that brand owners whose EU trade marks are being infringed, may bring a claim against a third party selling infringing products in the jurisdiction in which those advertisements and sales are being directed.

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