Heritage Studio states that the claim should be rejected. Heritage Studio is based in Spain and the company does not advertise in England. Standard rule for (online) infringement cases is to start proceedings in the country where the company is located, advertises or offers items for sale and where the follow-up actions take place. In addition, the court is competent in the country where the infringement takes place.
The European Court has now ruled that the place where the infringement takes place also includes the country in which the target audience lives, on which the advertisement is focused, even if the infringing advertisement is sent from another country. So this is good news for holders of an EU trademark, because based on this ruling, proceedings can be diverted to a court in any other EU country.
