Trade Marks - The Latest Position on Bad Faith & Non-Use

Introduction

This new virtual classroom seminar will update delegates on the case law in Specsavers International v Asda Stores, Sky v Skykick, and Lidl v Tesco.

These cases consider the extent to which brand owners can secure and maintain protection for elements of composite figurative marks, and broad lists of goods and services, in light of use requirements and the law of bad faith.

The session will focus on two principal aspects of bad faith in trade mark law, and the corresponding requirements for use of a mark. It will explore the scope of goods and services, discussing the long-running dispute in Sky v Skykick as it reaches the Supreme Court.

The session will also look at Lidl v Tesco, which has been the subject of a preliminary ruling before heading to trial.

What You Will Learn

This live and interactive session will cover:

• The latest on Sky v Skykick:
  • Allegations of infringement of Sky’s marks that were registered for broad categories of goods such as ‘computer software’
  • Partial invalidity issues, as a result of alleged lack of intention to use the mark across the entire category of goods
  • How ‘squatting’ cases of bad faith may differ from the Sky scenario
• Lidl v Tesco:
  • Different allegations of bad faith compared to Sky, but similarly relates to alleged ‘over-reaching’ by the trade mark owner
  • Comparison with the Specsavers litigation
  • ‘Evergreening’ as considered by the CJEU in Hasbro
  • What is the scope of such a registration against a defendant using it with a different word element?
  • Given that the claimant’s mark has only been used in the form that includes the word element, what are the requirements for genuine use of the registered mark, and is it invalid on grounds of bad faith?
  • Copyright aspects

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.