CJEU to Rule on Geo-Blocked Website Trademark Infringement

The Court of Justice of the EU has agreed to consider a reference from Austria regarding whether a geo-blocked website operating under a .at domain name can infringe a national trade mark, even if nobody in the protected territory can and is supposed to see the connected website.

This development matters for practitioners as it highlights the ongoing debate on the territorial scope of trade mark rights. The CJEU's decision will provide clarity on whether geo-blocking alone can be sufficient to establish infringement, or if additional factors are required. This has significant implications for businesses operating in the EU, particularly those relying on online sales and marketing strategies.

The relevant statutes and regulations involved include Article 9(1)(c) of Directive (EU) 2015/2436, which provides that a trade mark is infringed by an act of making goods available to the public. The CJEU's decision will also be guided by its previous rulings in cases such as L'Oréal v eBay and Coty Germany GmbH v Amazon.com Inc., which have established the principle that online marketplaces can be liable for trade mark infringement.

The key parties involved are the Austrian courts, the European Commission, and the businesses operating under the .at domain name. Practitioners should monitor this case closely as it has significant implications for their clients' online marketing strategies and potential liability for trade mark infringement.