| International Private Law Issues regarding Trademark Protection and the Internet within the EU (2007) | |||||||||||
Abstract | |||||||||||
| Given the global nature of the Interest, online trademark infringements always involve multiple territories. When any litigation is brought, it is necessary to determine the relevant jurisdiction and applicable law and then to resolve various issues in the recognition and enforcement of foreign judgments. In resolving these questions, courts will proceed according to their own international private law regulations, which may differ considerably from state to state. Internet-related cases always have the additional complication that it is extremely difficult to determine with reasonable certainty the court with jurisdiction and the applicable law. Over the years, the legal frameworks on civil court jurisdiction have been unified somewhat on a European scale. Courts in the EU must currently proceed according to Community law, particularly the Brussels I Regulation and, in the near future, the Rome II Regulation. | |||||||||||
Publication details | |||||||||||
| |||||||||||