In brief: Declarations of non-infringement turn on the proper definition of the average consumer (Skyscape Cloud Services Ltd v Sky plc and others)

Table of contents

• Original news
• What was this case about?
• What did the court decide?
• What should IP&IT lawyers take note of?

Article summary

IP&IT analysis: This case concerns the basis on which a court could make a declaration of non-infringement in a trade mark case where there was an obvious similarity between the mark and sign. Defining and seeing the case through the eyes of the target customer was key. Ashley Roughton, intellectual property consultant at Nabarro, considers the decision in of Skyscape Cloud Services Ltd v Sky plc and others.