Partners in Crime: The notion of “close connection” & international jurisdiction in EU trade mark infringement cases

Written By

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Guillaume de Villegas

Counsel
Belgium

I am a counsel in our Brussels office where I have experience in all types of IP matters, with a particular focus on trade mark, copyright, design and patent law in the life sciences, retail & consumer, food & beverage, luxury goods and media & entertainment sectors.

camille vanpeteghem Module
Camille Vanpeteghem

Associate
Belgium

I am an associate in the Intellectual Property and Tech & Comms teams in Brussels. My work covers a wide range of legal areas, including copyright, software rights, IT contracts, community designs, trademarks, and general commercial law.

In its judgment of 7 September 2023, the CJEU clarified that an EU trade mark holder can sue multiple defendants, domiciled in different Member States, before the same EU trade mark court in the Member State of one of these defendants, insofar the trade mark infringement claims are closely connected. This is for instance the case when these defendants are merely connected by means of an exclusive distribution agreement.

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