In the wake of the UK High Court’s earlier ruling on the long-running SkyKick saga (following the CJEU’s decision), Lord Justice Arnold has, in his latest ruling, considered which party should bear the costs of the dispute, amongst other outstanding issues. Despite the Court’s decision to grant Sky’s application for injunction (to restrain SkyKick from…
The UK High Court has laid out its ruling following CJEU’s decision on SkyKick. To recap, the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and that the lack of intention to use the mark at the time of its application will not necessarily result in bad faith. What…
Many trade mark owners will rejoice in CJEU’s decision in Skykick this week as the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and that the lack of intention to use the mark at the time of its application will not necessarily result in bad faith. Is this a…
Bad faith is on the rise – whether in reality or as a useful weapon against trade marks is another question. Recently, both the General Court (GC) and the Court of Justice (CJEU) have had several opportunities to consider whether trade marks had been filed in bad faith. The tendency seems to become stricter and…
The EU legislation does not provide for a definition of the concept of bad faith, but the EU case law in course of years has developed a number of criteria which offer guidance in assessing when a trademark was filed in bad faith. In the latest bad faith case, Koton Mağazacilik Tekstil Sanayi ve Ticaret AŞ…
On 16 October 2019, the long-awaited opinion of Advocate General Tanchev was handed down in the case of Sky Plc & Ots v SkyKick UK Ltd & Anr (Case C-371/18). The opinion is couched in terms of public importance and redressing the balance between the monopolistic nature of trade mark rights and the importance of…
We need all the help we can get to fight counterfeit goods. Counterfeit goods are produced and distributed by organised criminal groups and this crime represents as much as 2.5 per cent of world trade, or USD 461 billion. For more information see Europol’s webpage here: https://www.europol.europa.eu/crime-areas-and-trends/crime-areas/intellectual-property-crime/counterfeiting-and-product-piracy. A Danish researcher and associate professor, Thomas Just…
In February this year, the Swedish Patent and Market Court (“PMD”) ruled in favour of Volvo in a bad faith case regarding the mark “MADE BY SWEDEN” registered by Green Stapler. The mark Made by Sweden had been the centre of a campaign starring Swedish superstar football player Zlatan Ibrahimović and world-renowned Swedish artist Robyn…
A string of recent UK IPO decisions indicates that the Tribunal is willing to take a holistic and pragmatic view to an alleged bad faith filing. Many readers will be familiar with Michael Gleissner, the infamous modern day trade mark troll. Gleissner’s conduct has been scrutinised in a plethora of trade mark and domain name…
