The “targeted activities” criterion in determining jurisdiction in the field of EU trade mark infringements: the CJEU judgment C-104/22 LÄNNEN MCE

Abstract

The judgment of the CJEU C-104/22 in the Lännen case shows that the “targeted activities” theory is well-established in the CJUE case law concerning the application of Article 125.5 of the EU Trade mark Regulation. On the one hand, it brings up the issue of defining the precise scope of the activities which can be considered as targeted for the purposes of determining jurisdiction over online trade mark infringement. On the other hand, questions arise as to the convenience of maintaining the “accessibility” criterion where national trade mark infringement is concerned and the reasons why the CJEU insists on applying separate criteria depending on the type of trade mark in dispute. Perhaps the reason lies in the different interpretation that the CJEU provides in relation to the forum delicti commissi set out in Article 7, n. 2 of the Brussels I bis Regulation, and its application to disputes concerning national intellectual property rights.