Fabio Adinolfi in WTR Daily on an CJEU decision on the jurisdiction of EU trademark courts for counterclaims
In his article “CJEU: EU trademark courts keep jurisdiction for counterclaims even if main action has been withdrawn” on the online portal of the trade journal World Trademark Review, WTR Daily, BOEHMERT & BOEHMERT attorney at law Fabio Adinolfi discusses a decision of the Court of Justice of the European Union (CJEU) in case C-256/21 of October 13, 2022, KP v. TV.
In it, the court clarifies that an EU trademark court still has jurisdiction to rule on the validity of a trademark in the context of a counterclaim even if the infringement action has been withdrawn.
The decision was issued in the context of a reference for a preliminary ruling from the Higher Regional Court of Munich and will avoid unnecessary proceedings with the risk of contradictory decisions in the future.
Registered users of WTR Daily can access the full article in English online here!