The Supreme Court confirmed that a UK trademark may be held to have been registered in bad faith if it has a specification that goes beyond commercial justification for lack of genuine intention to use for the full range of goods and services.
Sky alleged trademark infringement against SkyKick, but the initial High Court ruling indicated that some of the SKY Marks were invalid, a stance that was upheld by the Supreme Court.
This landmark decision prompts a potential rise in invalidity actions as brand owners increasingly use bad faith claims as defenses against trademark infringement allegations.
The case history illustrates extensive legal proceedings, starting from the initial High Court ruling to a Supreme Court judgment, reflecting on the complexities of trademark law.
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