TRADE MARK INFRINGEMENT ON THE INTERNET: ACTUAL PROBLEMS OF LEGAL REGULATION IN UKRAINE

Abstract Impresario Entertainment & Hospitality Pvt Ltd v S & D Hospitality, 2018 Cs (Comm) 111/2017, Delhi High Court, 3 January 2018 In Impresario Entertainment & Hospitality Pvt Ltd v S & D Hospitality, the Delhi High Court clarified the issue of jurisdiction regarding trade mark infringement arising out of acts committed on the Internet. The Court upheld its earlier decision of Banyan Tree Holding (P) Limited v A Murali Krishna Reddy & Anr, 2009 and solved the conflicting decisions over the issue.

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40. Infringement

Intellectual Property Law ◽

10.1093/he/9780198769958.003.0040 ◽

2018 ◽

Author(s):

L. Bently ◽

B. Sherman ◽

D. Gangjee ◽

P. Johnson

Keyword(s):

European Union ◽

Trade Mark ◽

The Internet ◽

The European Union ◽

Trade Marks ◽

Trade Mark Infringement ◽

Article 9 ◽

Origin Function ◽

Exhaustive List

This chapter deals with trade mark infringement, as set out in sections 10(1)-(3) of the Trade Marks Act 1994 and Article 9 of the European Union Trade Marks Regulation (EUTMR). It first outlines a non-exhaustive list of the situations in which a person uses a sign, such as affixing the sign to the goods or to the packaging; importing or exporting goods under the sign; or using the sign on business papers or in advertising. It then discusses how the claimant’s and defendant’s marks may be identified for comparison purposes, and the range of situations in which an infringement claim is viable, including import or export and use on the Internet. Finally, it examines the functions of a trade mark, commencing with the ‘origin’ function. It concludes by considering secondary or accessory liability for trade mark infringement, especially relevant for Internet platforms.

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Targeting accepted as a criterion to establish international jurisdiction in online EU trade mark infringement cases

Journal of Intellectual Property Law & Practice ◽

10.1093/jiplp/jpz128 ◽

2019 ◽

Vol 14 (12) ◽

pp. 926-927

Author(s):

Eleonora Rosati

Keyword(s):

European Union ◽

Trade Mark ◽

The Internet ◽

The European Union ◽

International Jurisdiction ◽

Court Of Justice ◽

Trade Mark Infringement ◽

The Eu

Abstract Court of Justice of the European Union, AMS Neve Ltd and Others v Heritage Audio SL and Pedro Rodríguez Arribas, Case C-172/18, EU:C:2019:674, 5 September 2019 (‘AMS Neve’) In its decision in AMS Neve, the Court of Justice of the European Union (CJEU) has adopted a dynamic reading of Article 97(5) of the EU Trade Mark Regulation 207/2009 (now Article 125(5) of Regulation 2017/1001) and clarified that—in the event of an infringement of an EU trade mark over the Internet—also the courts of the place at which the defendant’s activity is targeted have jurisdiction to hear the resulting action.

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