CJEU – Advocate General in Sky v. Skykick: Scoping Bad Faith

On 16 October 2019, the long-awaited opinion of Advocate General Tanchev was handed down in the case of Sky Plc & Ots v SkyKick UK Ltd & Anr.

The opinion is couched in terms of public importance and redressing the balance between the monopolistic nature of trade mark rights and the importance of free access to the market for legitimate traders. It highlights the potential ramifications for filing practices, invalidation procedures and the scope of trade marks generally. Whilst the opinion is not binding on the CJEU, or indeed the UK courts which referred the case, it might give an indication of the judgment to be expected from the CJEU.

The full article has been published in Kluwer Trademark Blog.