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Further CJEU guidance on keyword advertising and trade mark infringement

McDermott Will & Emery
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European Union, United Kingdom
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November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement

Court of Justice of the European Union provides ruling on keyword jurisdiction

McDermott Will & Emery
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European Union
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April 30 2012

The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310, has ruled that under Article 5(3) of the Brussels Regulation, an advertiser that uses a keyword that infringes a national trade mark on a country-specific top-level domain (TLD) of a Member State other than the Member State where the national trade mark is registered, can be sued in its Member State of establishment

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Workarea - Internet
Workarea - Trademarks
Jurisdiction - European Union
Author - Rohan Massey
Author - Hiroshi Sheraton
Firm Name - McDermott Will & Emery

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Further CJEU guidance on keyword advertising and trade mark infringement

Court of Justice of the European Union provides ruling on keyword jurisdiction

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