Opinion of the Advocate General — ECLI:EU:C:2019:276
Date: 2019-03-28
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Reference for a preliminary ruling from the Court of Appeal (United Kingdom) made on 5 March 2018 – AMS Neve Ltd, Barnett Waddingham Trustees, Mark Crabtree v Heritage Audio SL, Pedro Rodríguez Arribas (Case C-172/18) Language of the case: English Referring court Court of Appeal Parties to the main proceedings Applicants: AMS Neve Ltd, Barnett Waddingham Trustees, Mark Crabtree Defendants: Heritage Audio SL, Pedro Rodríguez Arribas Questions referred In circumstances where an undertaking is established and domiciled in Member State A and has taken steps in that territory to advertise and offer for sale goods under a sign identical to an EU trade mark on a website targeted at traders and consumers in Member State B: i) does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement and offer for sale of the goods in that territory? ii) if not, which other criteria are to be taken into account by that EU trade mark court in determining whether it has jurisdiction to hear that claim? iii) in so far as the answer to (ii) requires that EU trade mark court to identify whether the undertaking has taken active steps in Member State B, which criteria are to be taken into account in determining whether the undertaking has taken such active steps? ____________