Forum shopping just got easier – but beware potential traps
Recent case law signals a paradigm shift which might give parties seizing jurisdiction more flexibility. However, claimants should take account of factors beyond efficiency, cost and claimant-friendliness when selecting a forum
The term ‘forumshopping’ is generally understood as the practice of attempting to have a dispute adjudicated in a court that is thought most likely to provide a favourable decision or other advantages to the claimant. Factors that might potentially deliver such benefits to a claimant may cause significant disadvantages to the defendant – this asymmetry can prompt parties into making rush decisions in the race to seize the court of their choice. It is therefore hardly surprising that the EU Trademark Regulation (2017/1001) sets out clear rules on the international jurisdiction of EU trademark courts, which are designed to discourage forum shopping. The EU Community Designs Regulation (6/2002) goes even further, with Recital 30 expressly calling for a litigation system which “should avoid as far as possible forum shopping”.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review is simply the first resource I will go to for trademark-related information, whether about the latest trademark law development or case news, top trademark practitioners or interesting trademark events.
Jerry F Xia
Deputy general counsel and chief IP counsel – Asia-Pacific, corporate law department
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.