Skyscape Cloud Services Ltd v Sky plc and others

Trade mark – Infringement. The Intellectual Property Enterprise Court refused to grant the claimant (Skyscape) a declaration of non-infringement of the defendants' (Sky) trade marks. Skyscape had not proved that the Sky mark would not be infringed, pursuant to art 9(1)(b) of the Council Regulation (EC) 207/2009, by the use of 'Skyscape' for email services and that unfair advantage would not be taken of the distinctive character or repute of the Sky mark, under art 9(1)(c) of the Regulation.

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