Official Journal of the European Union
Request for a preliminary ruling from the Markkinaoikeus (Finland) lodged on 15 February 2022 — Lännen MCE Oy v Berky GmbH, Senwatec GmbH & Co. KG
Language of the case: Finnish
Parties to the main proceedings
Applicant: Lännen MCE Oy
Defendants: Berky GmbH, Senwatec GmbH & Co. KG
Company A is established in Member State X, where it has its registered office, and has used on a website a sign identical to an EU trade mark belonging to Company B, in advertising or as a keyword.
In the situation described above, may it be concluded that the advertising is directed at consumers or traders in Member State Y, where Company B has its registered office, and does an EU trade mark court in Member State Y have jurisdiction to hear an action for infringement of an EU trade mark (1) under Article 125(5) of the EU Trade Mark Regulation where, in the advertising published electronically or on an advertiser’s website connected to that advertising via a link, the geographical area where the goods are to be supplied is not specified, at least not expressly, or no individual Member State is expressly excluded from that area? May the nature of the goods to which the advertising relates and the fact that the market for Company A’s products is allegedly global and thus covers the entire territory of the European Union, including Member State Y, be taken into account in that respect?
May it be concluded that the above advertising is directed at consumers or traders in Member State Y if it appears on a search engine website operated under the national top-level domain of Member State Y?
If Question 1 or 2 is answered in the affirmative, what other factors, if any, should be taken into account in determining whether the advertisement is directed at consumers or traders in Member State Y?
(1) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).