Which court should I sue for online trademark infringement disputes?
Civil lawsuits filed due to infringement of the exclusive rights of registered trademarks and infringement of the special protection rights of well-known trademarks shall be determined by the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the Defendant is domiciled. The People's Court has jurisdiction. The storage place of infringing goods refers to the place where infringing goods are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, industrial and commercial and other administrative agencies seal and detain infringing goods in accordance with the law, excluding temporary measures taken by the court to seize and seize infringing goods. location. In the place where the infringing goods are stored or seized, the parties may sue the perpetrators who performed storage, custody, transportation, etc., or the dealers and manufacturers of the goods, or all the perpetrators at the same time.
For a joint lawsuit involving multiple defendants in different places where the infringement was committed, the plaintiff can choose the People's Court of the place where one of the defendants' infringement was committed to have jurisdiction; only one of them If a lawsuit is filed by a defendant, the people's court in the place where the defendant's infringement was committed shall have jurisdiction. For example, for infringement activities such as A's manufacturing, B's transportation, C's storage, and D's sale of infringing goods, if the rights holder files a joint lawsuit against all infringers, the defendant can choose the place where the infringement was committed (but not the place of residence) of any defendant; however, If only one defendant (such as the manufacturer) is sued, the defendant can only be sued in the court where the defendant's behavior was committed or where the defendant is domiciled, but cannot be sued in the court where the defendant was sold or where other infringing acts were committed.
It should be noted that according to relevant judicial interpretations, in civil dispute cases involving trademark infringement, if the above provisions are met, the result of the infringement will no longer be determined based on the place where the infringement occurred. Jurisdiction; the provisions in other judicial interpretations regarding determining jurisdiction based on the place where the infringement results occur are no longer applicable to cases of trademark infringement disputes.
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