Jurisdiction in Keyword Advertising Disputes After Wintersteiger

Wintersteiger(sm)

Keyword advertising raises interesting questions beyond the run-of-the-mill trademark infringement and unfair competition issues typically discussed. For instance, if a sponsored ad can be clicked in three separate countries, can the Courts of each of those countries take jurisdiction to hear and determine a dispute? The Court of Justice of the European Union has given a strange answer to this question, which you’ll probably want to know about if you, or your competitors, do any business online.

I’ve written an article on this decision for the Bloomberg BNA Patent, Trademark and Copyright Journal.  Click the image to have a read, and let me know what you think below.

Flowchart for Jurisdiction in Keyword Advertising Disputes after Wintersteiger

 

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