Lessons Learned from SkyKick v Sky

Introduction

The Supreme Court's decision in SkyKick v Sky is anticipated to have significant repercussions for both trade mark litigation and trade mark filing practices in the UK.

This short webinar will focus on the Supreme Court's ruling that Sky's trade mark registrations were partially invalid on the grounds of bad faith, where Sky was found to have no intent to use its marks for some of the goods and services - such as whips - covered by its trade mark registrations.

A particularly consequential aspect of the decision is that the Supreme Court also found Sky's trade mark registrations partially invalid where they covered broad indications - such as computer software - even though Sky intended to use its marks for some goods within that indication.

The court agreed with the judge at first instance that such broad indications should be restricted to cover distinct categories of goods and services within that broad indication where there was an intent to use.

The webinar will feature a conversation between Robert Guthrie and John Linneker, both of Osborne Clarke.

John, who acted for SkyKick in the dispute while at his previous firm, will provide his insights on the decision, having been involved in the case for many years.

Join us for an in-depth discussion on the implications of this landmark decision and its impact on trade mark law and practice.

What You Will Learn

This short webinar will cover the following:

• How will courts and tribunals determine whether a trade mark owner or applicant had an 'intent to use' the mark?
• How might bad faith counterclaims or cancellation actions be used in trade mark litigation and other disputes?
• The implications for trade mark filing practice
• The implications for trade mark clearance
• What aspects of the decision may require further guidance from the courts or the UKIPO?

This pre-recorded webinar will be available to view from Thursday 30th January 2025

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