Sky v Skykick - Bad Faith & the Scope of Trade Mark Specifications in the UK

Introduction

The trade mark litigation Sky v Skykick has been a long-running saga.

After all of the ups and downs of the litigation, including several High Court judgments, a CJEU judgment, and a 2021 decision of the Court of Appeal, practitioners may feel justifiably uncertain as to the significance of this case.

The webinar will consider its significant implications for trade mark filing, use, validity, and infringement, and in particular in relation to the concept of ‘bad faith’ and is aimed at practitioners with at least a basic knowledge of trade mark law.

What You Will Learn

The webinar will cover the following:

• What is ‘bad faith’ in trade mark law and why is it significant?
• Examples of bad faith
• What are the consequences of a finding of bad faith?
• What were the facts and outcomes in Sky v Skykick?
• What did the CJEU decide?
• Are broad terms in trade mark specifications, such as ‘computer software’ and ‘telecommunications’, valid in the UK?
• What about long lists of goods or services which do not relate to the applicant’s current business activities?
• What is the consequence of a lack of intention to use the mark for the goods/services as filed?
• Procedural aspects when challenging broad specifications
• What are the implications for the practice of drafting trade mark specifications?
• Is the decision of the Court of Appeal likely to be reversed by the Supreme Court?

This webinar was recorded on 27th June 2022