- Court of Justice reference on bad faith and lack of clarity grounds (Sky plc v SkyKick UK)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: In a claim brought by Sky PLC (and other Sky companies) contending that SkyKick, an IT provider, had infringed four European Union trade marks and a United Kingdom trade mark comprising the word SKY by use of the sign ‘SkyKick’ and variants of it, the High Court has referred questions to the Court of Justice. The questions referred include whether a lack of clarity and precision of a specification could be asserted as a ground of invalidity, and, if it could be asserted, whether the specifications of the allegedly infringed trade marks were lacking in clarity or precision. The second lot of questions related to SkyKick’s contention that the allegedly infringed trade marks are wholly or partly invalid because the applications were made in bad faith since Sky did not intend to use the trade marks in relation to all of the specified goods and services.
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