Posts

Showing posts with the label EU

The Supreme Court's Judgment in SkyKick v Sky

Image
UK Supreme Court By Dietmar Rabich, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=52871829   Jane Lambert Supreme Court ( Lords Reed (President), Lloyd-Jones, Kitchin, Hamblin and Burrows)  SkyKick UK Ltd and another  v Sky Ltd and others (Rev1) [2024] UKSC 36 (13 Nov2024) This was an appeal against the judgment of the Court of Appeal in  Sky Ltd and others v Skykick, UK Ltd and another (Rev2) [2021] EWCA Civ 1121 (26 July 2021) which I discussed in The Appeal - Sky v Skykick   on 10 Sept 2021. It was heard by Lords Reed, Lloyd-Jones, Kitchin, Hamblin and Burrows on 28 and 29 June 2023. Judgment allowing the appeal in part was handed down on 13 Nov 2024 (see SkyKick UK Ltd and another v Sky Ltd and ot hers (Rev1) [2024] UKSC 36 (13 Nov 2024)).  While waiting for judgment to be delivered the parties settled their differences. The appellants applied with the respondents' agreement for leave to withdraw their appeal and the parties aske...

Trade Marks - easyGroup Ltd. v Beauty Perfectionists Ltd. and Others

Image
  Jane Lambert Chancery Division (Mrs Justice Bacon) easyGroup Ltd v Beauty Perfectionists Ltd and other s [2024] EWHC 1441 (Ch) (13 June 2024) This was an action for trade mark infringement and a counterclaim for partial revocation of one of the claimant's marks. The proceedings began on 5 March 2020 after the UK had left the EU but while EU law continued to apply in the UK in accordance with art 127 (1) of the agreement for the withdrawal of the UK from the EU . The action and counterclaim came on for trial before Mrs Justice Bacon sitting as an EU trade marks court between 13 and 15 and 19 and 20 March and 11 June 2024. She handed down her judgment on 13 June 2024 (see  easyGroup Ltd v Beauty Perfectionists Ltd and others [2024] EWHC 1441 (Ch)). By para [173] of her judgment, she held that the defendants' signs did not infringe under art 9 (2) (b) or (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade...