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Trademark infringement and passing off claims dismissed due to lack of jurisdiction in ireland
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High Court declines jurisdiction over claims of trademark infringement and passing off against an online trading platform domiciled in Cyprus. The court found no evidence of the platform actively targeting Irish consumers, despite the platform's services being accessible in Ireland and a small number of Irish users. The court held that mere accessibility and the provision of services to Irish users did not constitute "targeting" under EU trademark law, and thus, the platform could not be sued in Ireland for the alleged trademark infringement or passing off.
Trademark Infringement, Passing Off, Jurisdiction, Online Trading Platform, Targeting, EU Trade Mark Regulation (EUTMR), Recast Brussels Regulation, Accessibility, IP Address Recognition, Client Agreement, Cross-border Services, MIFID, Google AdWords, Active Conduct, High Court, Cyprus Domicile.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
