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Hanssen: CJEU confirms narrow reading of exclusive jurisdictional rules.
The precise application of the Brussels I Recast’s exclusive jurisdictional rules, remains a balancing exercise. Being an exception to the Regulation’s’ overall preference for the domicile of the...
View ArticleRulings on costs and their impact on the effet utile of EU civil procedure....
In [2017] EWHC 2541 (IPEC) Pablo Star Media v Richard Bowen the issue was one over copyright infringement relating to a photograph of Dylan Thomas. Of interest to this blog is not the copyright issue...
View ArticleDNIs, patents, exhaustion and jurisdiction under Lugano: Parainen Pearl v...
A case title which sounds a bit like a Scandinavian crimi – that’s because it almost is. In [2017] EWHC 2570 (Pat) Parainen Pearl et al v Jebsen Skipsrederi et al the facts amounted to claimants, who...
View ArticleClutching at jurisdictional straws as short as hotpants. Suing Google for...
Hotlinking is explained at para 17 of [2018] EWHC 550 (Ch) Wheat v Alphabet /Google Inc and Monaco Telecom. (Cross-reference is also made to the related main case against Monaco Telecom, [2017] EWHC...
View ArticleThe Hague Judgments project rolls on. And a quick note on [2018] FCA 549...
Update 22 February 2019 for a most excellent and critical paper by Ronald Brand calling for the 2019 Judgments Project Conference to be aware of all options for international harmonisation in the area...
View ArticleSzpunar AG on jurisdiction for trade mark infringement in AMS Neve.
Advocate General Szpunar opined end of March in C‑172/18 AMS Neve. The case concerns in essence, in the AG’s words, whether and, if so, under what circumstances, pursuant to Article 97(5) of Regulation...
View ArticleCJEU confirms ‘targeting’ as a jurisdictional trigger for EU trademark...
Update 11 September 2019 Tobias Lutzi has excellent additional analysis here. Update 19 September 2019 Esther Noske has interesting German case-law background here and CDC are I bit more excited about...
View ArticleTwo negatives a positive make? A brief report on anti anti-suit in (among...
A flag on anti anti-suit. Steve Ross reports here on the Paris Court of First Instance (Tribunal de Grande Instance) judgment in RG 19/59311 IPCom v Lenovo /Motorola granting a preliminary injunction....
View ArticleHigh Court confirms refusal to sue Google in the UK for its (alleged)...
I have earlier reviewed the decision of Chief Master Marsh in [2018] EWHC 550 (Ch) Wheat v Alphabet /Google Inc and Monaco Telecom. In Wheat v Google LLC [2020] EWHC 27 (Ch), this decision was...
View ArticleJurisdiction for trademark infringement and passing off. Easygroup v Easyfly...
In [2020] EWHC 40 (Ch) Easygroup v Easyfly and ATR Aircraft the issue is the jurisdiction of the English court to hear claims of trade mark infringement, passing off and conspiracy against a Colombian...
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