Elexi law firm has recently obtained, as part of an urgent procedure, an interesting favourable judge’s decision in the field of territorial jurisdiction in case of infringement of a trademark via a web site.
The Court of Turin (Italy) has pointed out that “the place where the acts where committed” (special jurisdiction according to article 120 of the code for industrial property) shall be construed so as to permit to start the process where there is an effective linkage with the dispute developed from “ the activity concerning the establishment of the website” or from “ the inclusion of the offers for sale on the website”, avoiding an interpretation that permit to start a process concerning disputes about acts of infringement committed with a website (“event giving rise to a radiating damage” and “simultaneous damage”) in any Court of the country.