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

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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