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The extent of jurisdiction under the forum delicti rule in European trademark litigation

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This contribution compares the extent of jurisdiction of two different forum delicti rules namely that under Article 7(2) of the Brussels Ia Regulation, which applies in national trademark litigation, with… Click to show full abstract

This contribution compares the extent of jurisdiction of two different forum delicti rules namely that under Article 7(2) of the Brussels Ia Regulation, which applies in national trademark litigation, with that under Article 125(5) of the EU Trade Mark Regulation, which applies in EU trade mark litigation. The former has been interpreted to cover both the place of acting and the place of effect and it seems likely that both places have limited jurisdiction. The latter covers only the place of acting which also seems likely to have limited jurisdiction.

Keywords: litigation; extent jurisdiction; jurisdiction; trademark litigation; forum delicti

Journal Title: Journal of Private International Law
Year Published: 2018

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