Mecklermedia Corp. v. D.C. Congress GmbH
England and Wales High Court of Justice, Chancery Division
[1998] Ch. 40, [1998] I All ER 148, [1997] 3 WLR 479 (1997)
- Written by Elliot Stern, JD
Facts
Mecklermedia Corporation (plaintiff) organized trade shows and published a magazine in the United Kingdom, all of which included “Internet World” in the title of the production. Mecklermedia’s websites prominently displayed the names of the trade shows. DC Congress GmbH (DC) (defendant) organized trade shows in Germany called “Internet World,” which it advertised in an English-language brochure that it sent out to people in the UK, including to individuals listed in Mecklermedia’s trade show catalog. DC sued a licensee of Mecklermedia in Germany for trademark infringement after the licensee advertised for “Internet World Berlin 1997.” Subsequently, Mecklermedia brought an action against DC in an English court, accusing DC of committing the tort of passing off. DC applied for an order setting aside the case on the grounds that the English court did not have jurisdiction or, alternatively, should have declined jurisdiction, under the Brussels Convention.
Rule of Law
Issue
Holding and Reasoning (Jacob, J.)
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