Journal Article

Order from a Community trade mark court should have effect throughout the entire EU

Willem Leppink and Ady van Nieuwenhuizen

in Journal of Intellectual Property Law & Practice

Volume 6, issue 4, pages 212-215
Published in print April 2011 | ISSN: 1747-1532
Published online January 2011 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq210
Order from a Community trade mark court should have effect throughout the entire EU

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Advocate General Cruz Villalón considers that an order of a competent national court prohibiting an infringer from using a registered Community trade mark has, in principle, effect throughout the entire area of the European Union. The domestic courts of the other Member States must recognize coercive measures which ensure compliance with the prohibition and enforce them in accordance with their national law. As the Court of Justice follows such opinion from the Advocate General in most cases, the likely decision of the Court will have an impact on cross border trade mark litigation.

Journal Article.  2076 words. 

Subjects: Arbitration ; Intellectual Property Law

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