The UK Supreme Court today held that the England and Wales Court of Appeal was wrong to overturn a 2020 High Court decision that found Sky Ltd. had acted in bad faith when applying for the mark SKY in categories of goods and services it never intended to put on the market. The Court of Appeal’s decision had come as a relief to trademark applicants and owners whose registrations included broad specifications in the UK, but today’s decision revives uncertainty and has been dubbed a “shock” ruling by UK legal media.
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