This judgment of 17 March 2016 concerning a referral from Romania concerns primarily civil procedural law, but since it has arisen in the context of a trade mark assignment agreement, is worth reporting here. The facts of the case are rather simple. In 2008, Taser International concluded an agreement with the Romanian company Gate 4 which obliged Gate 4 to assign to Taser International the Taser trade marks which Gate 4 had registered, or for which it had applied for registration, in Romania. The agreement contained a clause conferring exclusive jurisdiction on a court in the United States. Gate 4 refused to fulfil its obligations and Taser International sued it before the Tribunalul Bucureşti (District Court, Bucharest). Gate 4, despite the jurisdiction clause, entered an appearance before the Romanian court without challenging its jurisdiction. The Romanian court found for Taser and ordered Gate 4 to execute the formalities necessary to transfer the trade marks.Gate 4…
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