Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action where it will have the greatest impact is critical. The German Federal Court of Justice has recently ruled on the scope of jurisdiction of national courts over online infringements of EU trademarks based on the location of the infringing acts (ref. I ZR 164/16).

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