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The CJEU judgement in the case of Sky v Skykick (C-371/18), issued on 29th January 2020, addresses some fundamental aspects of trade mark law. Most significantly, it finds that the inclusion of broad terms within a specification can be considered bad faith if there is no intention to use but insufficient clarity and precision within a specification is not in itself a ground for invalidity. (more…)
BSkyB, the British Satellite Broadcasting company has won a case against the American multinational software corporation (Microsoft) in actions for passing off and for infringement of two CTM Registrations and two UK trade mark registrations for SKY. By way of these actions, BSkyB sought to prevent Microsoft from using “SkyDrive” as the name for their cloud storage service in Europe.
In a counterclaim, Microsoft filed for a declaration of partial invalidity in respect of the SKY trade marks on the grounds of descriptiveness for cloud storage services. (more…)