The Supreme Court has sided with the High Court in finding that Sky has applied for its trade marks in bad faith and that the procedure the court adopted in making the decision at first instance was not unfair, reversing the Court of Appeal’s findings. However, it agreed with the Court of Appeal’s finding that, on the basis of the narrowed specification of goods and services, Cloud Migration, SkyKick’s email migration product and service, did not infringe Sky’s trade marks. In the judgment, the Supreme Court also clarified that Regulation (EU) 2017/1001 (the EU Trade Mark Regulation) continues to have direct effect in the context of proceedings pending before a UK court which has been designated as an EU trade mark court prior to IP completion day. Giles Parsons, partner at Browne Jacobson, shares his views on the decision.
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