International Private Law Issues Regarding Trademark Protection and the Internet Within the EU

Abstract

Given the global nature of the Interest, online trademark infringements alwaysinvolve multiple territories. When any litigation is brought, it is necessary to determine the relevantjurisdiction and applicable law and then to resolve various issues in the recognition and enforcementof foreign judgments. In resolving these questions, courts will proceed according to their owninternational private law regulations, which may differ considerably from state to state. Internetrelatedcases always have the additional complication that it is extremely difficult to determine withreasonable certainty the court with jurisdiction and the applicable law. Over the years, the legalframeworks on civil court jurisdiction have been unified somewhat on a European scale. Courts inthe EU must currently proceed according to Community law, particularly the Brussels I Regulationand, in the near future, the Rome II Regulation