Posts Tagged social media
Cyberinsults over patents, unfair competition and jurisdiction. The Paris Court of Appeal in Manitou v JCB.
In Manitou v J.C. Bamford Excavators, (defendant is better known as ‘JCB’ which in England is an eponym for ‘digger’ or excavator) the Paris Court of Appeal held that French Courts have jurisdiction in an interesting tale of patent insults. JCB (England incorporated) had obtained a French injunction against Manitou (domiciled at France) obliging it to halt production of one of its products possibly in violation of a JCB patent. On the eve of an important trade fair taking place in France, JCB boasted about the injunction in a Twitter, Linked-in and website post. Manitou argue the post was insulting and an act of unfair competition.
Manitou claim jurisdiction on the basis of A7(2) BIa, special jurisdiction for tort, per CJEU C-618/15 Concurrences /Samsumg /Amazon, which I reviewed here. It refers to all sites on which the news was posted being accessible in France (Pinckney would have been strong authority here); to the post discussing a French judgment which is only aimed at and enforceable in France; and that its publication was timed to coincide with the aforementioned French fair. JCB on the other hand argue mere accessibility does not suffice and that the sites did not target readers in France.
The Court refers both to Shevill and to Concurrences; decides that the very fact that the site was published in English does not insulate it from French jurisdiction (seeing also that plenty of potential clients looking to buy from Manitou at the time would have been in France for the fair); and that the publication clearly would have affected the brand’s reputation in France and also its sales there. Jurisdiction therefore established.
(Handbook of) European private international law, 2nd ed. 2016, Chapter 2, Heading 18.104.22.168
Unfair competition, publication by UK defendant of judgment concerning #patent infringement
Jurisdiction, Article 7(2) Brussels Ia.
Paris CA upholds FR jurisdiction citing Shevill, Concurrences (on which https://t.co/Ibsofl7Jsl) https://t.co/WD61WwHtwv
— Geert Van Calster (@GAVClaw) March 5, 2020
accessibility, Amazon, Article 5(3), Article 7(2), Brussels I, Brussels I recast, C-618/15, Curia, Damages, ECJ, Internet, Jurisdiction, Locus damni, Manitou v Bamford Excavators., Manitou v JCB, Patent, social media, Tort, Twitter
- Sánchez-Bordona AG in Volkswagen. The locus damni engine is clearly revving. Locus delicti commissi in my view left underdiscussed. 07/04/2020
- Supreme v Shape: Advocate General ØE on Brussels Ia’s scope of application (‘civil and commercial’ in light of claimed immunity. Opinion at odds with CJEU in Eurocontrol. 06/04/2020
- Wallis v Air Tanzania. A good reminder of the (soon to be resurrected) UK reservation viz the Rome Convention. 03/04/2020
- Aspen Underwriting: The Supreme Court overrules on the issue of economically weaker parties in the insurance section. 02/04/2020
- Lamesa Investments v Cynergy. Rome I-like ‘mandatory law’ provisions applied to US secondary sanctions. 31/03/2020
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