Referral C-104/22 (Lännen MCE, 15 Feb 2022)

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.
1. 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
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?
2. 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?
3. 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?