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

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

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

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.

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

scholarly journals Facing the 'Bad Faith'

2020 ◽  
Vol 3 (1) ◽  
pp. 107-127
Author(s):  
Tamar Khuchua
Keyword(s):  
European Union ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Trade Marks ◽  
Court Of Justice ◽  
Legislative Framework ◽  
Trade Mark Law ◽  
Legislative Changes ◽  
The Eu

The Court of Justice of the European Union has suggested that when the concept set out in the EU regulation is not defined by that regulation, it should be understood according to its usual, everyday meaning. There is no doubt that the understanding of ‘bad faith’ might differ from one person to another and especially from one firm to another. Indeed, ‘bad faith’ in trade mark law might take many different forms which are not easy to detect as the large number of cases concerning the issue of ‘bad faith’ in relation to national and EU trade marks illustrate. By analysing the current legislative framework as well as the case law of the Court of Justice of the European Union, the paper suggests that in order to maintain and even extend the smooth functioning of the EU trade mark system, legislative changes should be introduced. In particular, it is argued that it is reasonable to examine the intention of trade mark applicants already at the application stage in order to avoid the waste of resources and the burden of dealing with the trade marks registered in ‘bad faith’ in the invalidity proceedings post factum and to provide a non-exhaustive list of what elements the ‘bad faith’ can consist of. These amendments should also do good in terms of serving the broader goals of the EU law, which amongst others include, undistorted competition, legal certainty and sound administration.

VLADAVINA PRAVA I SOCIJALNA DRŽAVA

2021 ◽  
Author(s):  
Srećko Jelinić ◽  
Keyword(s):  
Social Justice ◽  
Welfare State ◽  
Rule Of Law ◽  
Telecommunication Services ◽  
The Rule Of Law ◽  
Goods And Services ◽  
Different Types ◽  
Consumer Contracts ◽  
The Welfare State

In this paper the author is searching for the connection between the concepts of the rule of law, so called social justice and the concept of the welfare state. The notion of the rule of law needs to be interpretated and defined precisely. The arguments in the paper are supported with selected court findings and decisions. The special emphasis is given to the issue of social justice which is, as it seems, particularly questionable in the field of consumer contracts where the issue of inequality of the parties to the contract comes to existence. Different types of contracts such as the contracts for telecommunication services together with some other issues such as the later change in contractual conditions and difficulties in obtaining payment for provided goods and services are being discussed and discoursed

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.

Revised Data on U.S. Hardwood Lumber Export Volumes to Europe, 1981 to 1990

1991 ◽  
Vol 8 (4) ◽  
pp. 156-160
Author(s):  
Bruce G. Hansen ◽  
William G. Luppold ◽  
R. Edward Thomas
Keyword(s):  
Species Composition ◽  
Computer Software ◽  
Red Oak ◽  
Volume Data ◽  
White Oak ◽  
Official Statistics ◽  
Important Species ◽  
Hardwood Lumber ◽  
Export Volume ◽  
European Trade

Abstract During the past decade, poor documentation and computer software containing outdated price parameters used to screen and "correct" data taken from U.S. export declarations resulted in significant overestimation of official U.S. hardwood lumber export volumes. In the year prior to their correction, U.S. hardwood lumber exports to Europe were about half the officially reported volume. Although official statistics indicated red oak was the most important species traded, the new data indicate that, in fact, white oak exports in 1988 were actually three times red oak exports. To provide a check on the official statistics and to revise previous export volume data, new estimates were developed using information taken directly from ship manifests. Not only have the ship manifest data provided a more accurate assessment of U.S./European trade, but they have provided new insights into the species composition and geographic source of U.S. exports as well. This paper uses the revised data to focus on three aspects of U.S./European trade--trade trends over the decade, species composition of U.S. hardwood lumber exports, and the origin of U.S. exports. North. J. Appl. For. 8(4):156-160.

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