WIPR Leaders 2018: Germany trademark practice update

Arguably no other decision in the trademark sector this year has stirred up emotions among practitioners in Germany as much as the Federal Supreme Court’s judgment in the case Perfume Trademarks, rendered on November 9, 2017. At issue is the appropriate court venue for cases where the defendant has committed several potentially infringing actions in different locations, including in different countries (article 97, paragraph 5 of EU Regulation No. 207/2009). In essence, this decision, in conjunction with the Court of Justice of the European Union’s (CJEU) earlier decision in Nintendo v Big Ben Interactive (C-24/16), will make it much harder for owners of EU trademarks (and Community designs) trying to enforce their rights before German courts for alleged infringements on websites directed at potential German buyers, or in emails sent from other European countries to interested parties in Germany.