![]() If the Trade Marks are valid, there is a likelihood of confusion within Article 9(2)(b) of the Regulation/Article 10(2)(b) of the Directive as a result of SkyKick's use of the SkyKick sign. The court finds that guidance from the CJEU is required on the issues of clarity and precision of the specification and bad faith. Is there a likelihood of confusion between Sky's Trade Marks and SkyKick's sign? The case involves issues of bad faith, clarity and precision of the specification, and likelihood of confusion.Ĭan lack of clarity and precision of the specification be asserted as a ground of invalidity?ĭoes applying to register a trade mark without any intention to use it in relation to the specified goods or services constitute bad faith? The infringement allegations cover the entire EU, while the UK allegations are confined to the UK. ![]() Sky alleges infringement of its EU and UK Trade Marks by SkyKick. ![]()
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