Nintendo (Intellectual property - Action for infringement : Judgment) [2017] EUECJ C-24/16 (27 September 2017)

Nintendo (Intellectual property - Action for infringement : Judgment) [2017] EUECJ C-24/16 (27 September 2017)

A Community design court seised of an infringement action, with jurisdiction over one defendant under Article 82(1) of Regulation No 6/2002 and over another under Article 6(1) of Regulation No 44/2001, may issue orders against both defendants with EU-wide effect, including conduct beyond the immediate supply chain, provided the claims are closely connected. The use of images of protected designs for the lawful sale of accessories may constitute 'citations' under Article 20(1)(c) if cumulative conditions are met. For supplementary claims, the applicable law is that of the country where the infringing act occurred, as per Article 8(2) of Regulation No 864/2007.

Citation
[2017] EUECJ C-24/16
Parties
Applicant: Nintendo Co. Ltd; Respondent: BigBen Interactive GmbH; Respondent: BigBen Interactive SA
Jurisdiction
European Union
Judgment Date
27 September 2017
Procedural Posture
Preliminary Ruling (joined Cases C 24/16 and C 25/16) / Court of Justice of the European Union Judgment on Reference From Oberlandesgericht Düsseldorf
Outcome
Questions answered; interpretation of EU law provided to the referring court.
Legal Topics
Community Design Infringement, Jurisdiction and Enforcement of Judgments, Limitation of Design Rights, Applicable Law to Non Contractual Obligations, Interpretation of EU Regulations
Intellectual Property Law Private International Law Civil Procedure Community Design Infringement Jurisdiction and Enforcement of Judgments Limitation of Design Rights Applicable Law to Non Contractual Obligations Interpretation of EU Regulations

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Parties

Nintendo Co. Ltd

Applicant

BigBen Interactive GmbH

Respondent

BigBen Interactive SA

Respondent

Procedural Posture

Preliminary Ruling (joined Cases C 24/16 and C 25/16) / Court of Justice of the European Union Judgment on Reference From Oberlandesgericht Düsseldorf

Legal Issues

  1. 1 Scope of jurisdiction and territorial effect of orders under Regulation No 6/2002 and Regulation No 44/2001
  2. 2 Interpretation of 'citations' under Article 20(1)(c) of Regulation No 6/2002
  3. 3 Determination of applicable law under Article 8(2) of Regulation No 864/2007 (Rome II) for supplementary claims

Ratio Decidendi

A Community design court seised of an infringement action, with jurisdiction over one defendant under Article 82(1) of Regulation No 6/2002 and over another under Article 6(1) of Regulation No 44/2001, may issue orders against both defendants with EU-wide effect, including conduct beyond the immediate supply chain, provided the claims are closely connected. The use of images of protected designs for the lawful sale of accessories may constitute 'citations' under Article 20(1)(c) if cumulative conditions are met. For supplementary claims, the applicable law is that of the country where the infringing act occurred, as per Article 8(2) of Regulation No 864/2007.

Court Disposition

Questions answered; interpretation of EU law provided to the referring court.

Orders

  • A Community design court may issue EU-wide orders against a defendant not domiciled in the forum Member State if jurisdiction is based on Article 6(1) of Regulation No 44/2001 and the claims are closely connected.
  • Use of images of protected designs for the lawful sale of accessories may be permitted as 'citations' under Article 20(1)(c) if conditions are met.