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Anjum Shabbir
Anjum Shabbir
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3rd February 2020
Data, Tech & IP

Analysis: “Sky v SkyKick: CJEU confirms that the lack of intention to use a trademark on the date of filing can constitute bad faith” by Nuria Bermejo

On 29 January 2020, the Court of Justice of the European Union (Court of Justice) handed down its judgment in the case Sky plc v SkyKick (C-371/18), which has been considered by many to be one of the most significant trademark cases of 2019.

The judgment answers five questions referred to the Court of Justice by the English High Court on the conflict between two undertakings: Sky plc and others, a group of companies active in television broadcasting, telephony and broadband provision (‘Sky’), and SkyKick UK, Inc, a start-up company which supplies cloud migration information and technology services (‘SkyKick’).

Sky is the owner of different forms of the word mark ‘SKY’, which are registered for a large number of goods and se

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