Factors driving forum shopping in trademark disputes: an EU perspective

By Leighton Cassidy and Sheena Sheikh Brown

Various factors influence the choice of an effective enforcement strategy. However, deciding on the wrong venue can result in delays and unnecessary costs

The EU Trademark Regulation (207/2009) establishes the possibility of forum shopping when dealing with the potential infringement of an EU trademark. Article 97 principally provides that infringement proceedings may be brought in the member state where the defendant is domiciled or where the act of infringement has been committed or threatened. If an EU trademark is infringed in more than one member state, the rights holder can sue in the defendant’s domicile (assuming that this is within the European Union) or in each country in which the infringement took place – an extremely expensive option.

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