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March 5, 2012

DAILY: Advocate general considers issue of jurisdiction in AdWord case

Filed under: Daily,Keywords,jurisdiction — Tags: — World Trademark Review @ 5:00 pm

Advocate General Cruz Villalón has delivered his opinion in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH, a request for a preliminary ruling concerning the interpretation of Article 5(3) of Council Regulation 44/2001. The question was whether the Austrian courts had jurisdiction to hear this AdWord case – and, in particular, how the phrase “place where the harmful event occurred or may occurâ€� in Article 5(3) was to be interpreted.

World Trademark Review World Trademark Review

June 7, 2011

DAILY: No personal jurisdiction as defendant did not target forum state’s market

Filed under: Confusion,Daily,jurisdiction — Tags: — World Trademark Review @ 5:00 pm

In be2 LLC v Ivanov, considering whether a New Jersey website operator was subject to personal jurisdiction in Illinois, the US Court of Appeals for the Seventh Circuit has held that, for personal jurisdiction to arise, a defendant must in some way target the forum state’s market in addition to operating an interactive website that is accessible from the forum state.

World Trademark Review World Trademark Review

March 7, 2011

DAILY: Supreme Court rules on jurisdiction in keyword case

Filed under: Daily,jurisdiction — Tags: — World Trademark Review @ 5:00 pm

In Louis Vuitton Malletier v eBay Inc, the French Supreme Court has dismissed a motion by eBay Inc and eBay International to have the case remanded either to the United States or to Switzerland. The Supreme Court found that the French court had jurisdiction over the case, which involved the sale of Louis Vuitton Malletier’s trademarks as keywords.

World Trademark Review World Trademark Review

October 14, 2010

State claims related to a mark with federal registration do not warrant removal without a federal legal issue

Filed under: California law,jurisdiction — Tags: — Trademark Law Briefs @ 4:31 pm

Signorelli, Inc. v. OmniPeace, Inc., et al., 2010 U.S. Dist. LEXIS 105636 (C.D. Cal., 2010)

Plaintiff sued Defendant in state court for breach of contract based on a licensing agreement involving Defendant’s trademark registrations.  Defendant sought to remove the action to federal court based on the fact that the trademarks are federally registered.  The court denied removal because Plaintiff’s claims do not arise under federal trademark law and because Plaintiff’s claims do not require resolution of a federal trademark question.  Just because state claims involve a federal trademark, it does not mean federal jurisdiction is created.

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