Sky Plc & Ors v Skykick UK Ltd & Anor

Sky Plc & Ors v Skykick UK Ltd & Anor

The court dismissed Sky's application for reconsideration and amplification, finding the Main Judgment contained sufficient reasons. Lack of clarity and precision may be a ground for invalidity, but further guidance from the CJEU is needed. 'Computer software' is arguably too general. Bad faith may taint the entire registration, but this is arguable. Permission to appeal was refused as no real prospect of success was shown.

Parties
Claimant: Sky PLC; Claimant: Sky International AG; Claimant: Sky UK Limited; Defendant: SkyKick UK Limited; Defendant: SkyKick Inc
Jurisdiction
England and Wales
Judgment Date
27 April 2018
Procedural Posture
Intellectual Property / Post Judgment Applications and Reference to CJEU
Outcome
Applications dismissed; reference to CJEU ordered; permission to appeal refused; stay refused; extension of time for appeal refused.
Legal Topics
Trade Mark Validity, Specification Clarity, Bad Faith Registration, Appeal Procedure, Reference to CJEU
Intellectual Property Trademark Law Trade Mark Validity Specification Clarity Bad Faith Registration Appeal Procedure Reference to CJEU

Case Brief

Summary, issues, holding and outcome

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Parties

Sky PLC

Claimant

Sky International AG

Claimant

Sky UK Limited

Claimant

SkyKick UK Limited

Defendant

SkyKick Inc

Defendant

Procedural Posture

Intellectual Property / Post Judgment Applications and Reference to CJEU

Legal Issues

  1. 1 Whether lack of clarity and precision in trade mark specification is a ground for invalidity
  2. 2 Whether 'computer software' is sufficiently clear and precise
  3. 3 Whether bad faith can arise from lack of intention to use

Ratio Decidendi

The court dismissed Sky's application for reconsideration and amplification, finding the Main Judgment contained sufficient reasons. Lack of clarity and precision may be a ground for invalidity, but further guidance from the CJEU is needed. 'Computer software' is arguably too general. Bad faith may taint the entire registration, but this is arguable. Permission to appeal was refused as no real prospect of success was shown.

Court Disposition

Applications dismissed; reference to CJEU ordered; permission to appeal refused; stay refused; extension of time for appeal refused.

Orders

  • Sky's application for reconsideration/amplification dismissed.
  • Reference to CJEU ordered with specified questions.