Austrian Court Refers CJEU on Geo-Blocked Websites and Trade Mark Infringement

• The CJEU is set to decide whether a geo-blocked website operating under a .at domain name can infringe a national trade mark.
• The case revolves around the intersection of geo-blocking and trade mark law, with significant implications for online businesses.
• The CJEU's decision may expand EU trade mark infringement liability to include geo-blocked websites.

At stake is the question of whether a domain name can infringe a national trade mark if nobody in the protected territory can see the website connected to it.

The Court of Justice of the EU (CJEU) has been asked to weigh in on a contentious issue regarding geo-blocked websites and trade mark infringement. A reference case from Austria, Fassbinderei (case C-584/26), is at the heart of the matter. The case revolves around a website operating under a .at domain name that excludes Austrian customers through geo-blocking measures.

The CJEU's decision will have significant implications for online businesses operating in multiple jurisdictions, as it may expand EU trade mark infringement liability to include geo-blocked websites.

The Fassbinderei case is the latest development in a long-standing debate over the intersection of geo-blocking and trade mark law. The CJEU has previously addressed similar issues, but this reference case presents a unique set of circumstances that will test the boundaries of EU trade mark infringement liability.

At stake is the question of whether a domain name can infringe a national trade mark if nobody in the protected territory can see the website connected to it. This raises complex questions about the territorial scope of trade mark rights and the impact of geo-blocking measures on online businesses.

The CJEU's decision in Fassbinderei will have far-reaching implications for online businesses operating across multiple jurisdictions. If the court rules that geo-blocked websites can be considered infringing, it could lead to significant changes in how companies approach trade mark protection and geo-blocking measures.

Lawyers should pay close attention to this case, as it may signal a shift in the balance between trade mark rights and online business operations. The outcome will depend on the CJEU's interpretation of EU trade mark infringement law and its application to geo-blocked websites.

Lawyers should watch for the potential expansion of EU trade mark infringement liability to include geo-blocked websites, which could have significant implications for online businesses operating in multiple jurisdictions.

Source: Original reporting via [Source Title]