SKY PLC v SKYKICK UK LTD

2020 ◽  
Vol 137 (2) ◽  
pp. 112-162
Author(s):  
Keyword(s):  
Public Interest ◽  
Computer Software ◽  
Intention To Use ◽  
Bad Faith ◽  
Trade Marks ◽  
The Public ◽  
Goods And Services ◽  
Software Requirement ◽  
Court Of Justice ◽  
European Trade

Abstract H1 Trade Marks – European trade marks – SKY – Validity – Specification of goods and services – Broad specifications – “Computer software” – Requirement of clarity and precision – Whether a ground of invalidity – Whether amounting to failure to satisfy requirement of graphical representability – Whether contrary to the public interest – Bad faith – Effect of lack of intention to use in whole or in part – Vires of s. 32(3) of the Trade Marks Act 1994 – Reference to Court of Justice

Sky plc v SkyKick UK Ltd

2019 ◽  
Vol 136 (1) ◽  
pp. 36-48
Keyword(s):  
Computer Software ◽  
Intention To Use ◽  
Bad Faith ◽  
Trade Marks ◽  
Goods And Services ◽  
Software Requirement ◽  
Court Of Justice ◽  
European Trade ◽  
Bona Fide ◽  
Court Of Appeal

Abstract Trade Marks – European trade marks – SKY – Validity – Specification of goods and services – Class headings – Broad specifications – “Computer software” – Requirement of clarity and precision – Bad faith – Lack of bona fide intention to use – Total or partial invalidity – Infringement – Reference to Court of Justice – Application for reconsideration after judgment – Whether adequate reasons given for decision to refer – Permission to appeal refused – Application renewed before Court of Appeal – Jurisdiction to grant permission to appeal – Discretion

Sky Plc v Skykick Uk Ltd (No. 3)

2021 ◽  
Vol 137 (10) ◽  
pp. 711-729
Keyword(s):  
Computer Software ◽  
Intention To Use ◽  
Bad Faith ◽  
Telecommunication Services ◽  
Trade Marks ◽  
Goods And Services ◽  
Court Of Justice ◽  
European Trade

Abstract H1 Trade Marks—European trade marks—SKY—Validity—Broad specifications of goods and services—Bad faith—Requirement of clarity and precision—Lack of intention to use—Reference to Court of Justice—Application of the judgment of the Court of Justice—“Computer software”—“Telecommunication services”—Limiting the specification of goods—Interpretation of broad terms in specifications—Infringement

Broad Specifications and Intent to Use: Is the EU Trade Mark System Credible?

2021 ◽  
Author(s):  
Richard Arnold
Keyword(s):  
European Union ◽  
Computer Software ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Goods And Services ◽  
National Courts ◽  
Court Of Justice ◽  
Intent To Use ◽  
The Eu

Abstract An assessment of the credibility of the EU trade mark system in the light of the ruling of the Court of Justice of the European Union in Case C-371/18 Sky v SkyKick leads to the following conclusions: the decisions that lack of clarity and precision of specifications of goods and services is not a ground of invalidity and that partial bad faith when applying to register a trade mark leads to partial invalidity are unsurprising; the decision that applying to register a trade mark without intending to use it can amount to bad faith, at least in some circumstances, is an important step forward that gives national courts a tool with which to combat unjustifiably broad specifications of goods and services; but the jury is still out with regard to the EU trade mark system’s acceptance of broad terms such as ‘computer software’ in specifications.

Technische Universitaät Darmstadt v. Eugen Ulmer KG

2015 ◽  
Vol 109 (1) ◽  
pp. 161-167
Author(s):  
Anne-Marie Carstens
Keyword(s):  
Intellectual Property Rights ◽  
Public Interest ◽  
The United States ◽  
Fair Use ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
International Attention ◽  
International Obligations ◽  
Mass Digitization

In Technische Universität Darmstadt v. Eugen Ulmer KG, the Court of Justice of the European Union (ECJ or Court) addressed several important copyright issues stemming from a practice that continues to confound many legal practitioners and adjudicators: the mass digitization of library collections. The judgment adds to an emerging body of jurisprudence decided in the context of a trend toward greater digitization that could ultimately facilitate the development of a global, digital library. To date, the jurisprudence has largely been formed by cases challenging mass digitization that are percolating through the United States courts and have attracted international attention and criticism. The ECJ decision thus provides an important point of reference for evaluating how different jurisdictions balance the rights of authors against the public interest, as served by relevant fair use exceptions consistent with their international obligations under traditional copyright treaties, the 1996 WIPO Copyright Treaty, and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) applicable to all WTO member states.

37. Absolute grounds for refusal

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Trade Marks ◽  
The Public ◽  
The Absolute ◽  
Definition Of ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration

This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7 of the European Union Trade Mark Regulation (EUTMR). It first looks at the reasons for denying an application for trade mark registration before analysing the absolute grounds for refusal, which can be grouped into three general categories: whether the sign falls within the statutory definition of a trade mark found in sections 1(1) and 3(1)(a) and (2) of the Trade Marks Act 1994; whether trade marks are non-distinctive, descriptive, and generic; and whether trade marks are contrary to public policy or morality, likely to deceive the public, prohibited by law, or if the application was made in bad faith. Provisions for specially protected emblems are also considered.

The Fight against Terrorism, Fundamental Rights and the EU Courts: The Unsolved Conundrum

2012 ◽  
Vol 14 ◽  
pp. 269-295
Author(s):  
Eva Nanopoulos
Keyword(s):  
Public Interest ◽  
Relevant Information ◽  
Fundamental Rights ◽  
Public Security ◽  
The Public ◽  
Rights Protection ◽  
Court Of Justice ◽  
Conflicting Demands ◽  
The Eu

AbstractUsing the example of anti-terrorism measures, this chapter looks at the difficulties experienced by the Court of Justice of the EU (CJEU) in reconciling the conflicting demands of fundamental rights protection and public security. It shows that under the current arrangements, the CJEU cannot have regard to information which has not gone through a proper adversarial hearing, even in cases where disclosure of the relevant information will jeopardise the public interest. The chapter thus envisages the possibility for reform. It examines, in particular, the special advocate procedure and the sort of difficulties that its transposition in the EU context would give rise to.

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

Omega Flex Ltd v British Standards Institution

2019 ◽  
Author(s):  
Keyword(s):  
Public Policy ◽  
Trade Mark ◽  
Intention To Use ◽  
Full Width ◽  
Bad Faith ◽  
Distinctive Character ◽  
Trade Marks

Abstract H1 Trade marks – Invalidation proceedings – Certification marks - Indications of quality - British Standards kitemark – Application for registration as a ordinary trade mark - Capacity to distinguish - Whether devoid of distinctive character – Relevance of pre-application use - Perception of the relevant public as at date of filing - Whether serving as a badge of origin – Whether descriptive of characteristics of goods or services - Whether distinctiveness acquired through use - Public policy – Deceptive marks - Bad faith –– Lack of intention to use as indicator of origin across full width of specification – Partial invalidity - Reference to CJEU ongoing in other proceedings

A Silk Road for Professional Qualifications?

2020 ◽  
pp. 203-220
Author(s):  
Ton van den Brink ◽  
Sybe A. de Vries
Keyword(s):  
Higher Education ◽  
Public Interest ◽  
Silk Road ◽  
The Public ◽  
Goods And Services ◽  
Competing Interests ◽  
Regulatory Strategies ◽  
National Differences ◽  
Legal Frameworks ◽  
The Eu

The tension between the public interest to regulate professions, and the economic rationales to open up markets has long since been an issue within the EU. This chapter explores how these competing interests have shaped the EU’s legal frameworks for the recognition of professional qualifications. We will see that a range of regulatory strategies have been applied to design such frameworks. The next element of the analysis is based on the assumption that we may be able to draw lessons from the EU’s internal regulatory strategies to deal with national differences in regulating professions. Thus, the chapter will examine to what extent, and under which circumstances, such regulatory strategies may offer viable perspectives for Sino–EU relations; a crucially important question considering the implications of the New Silk Road for higher education on the trade of goods and services between China and Europe.

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