25th – 27th May 2021
The Defendants (collectively SkyKick) appeal, with permission in part from Arnold LJ, sitting as a High Court Judge, his order of 2 July 2020 following his Fourth judgment dated 2 July 2020 determining issues as to appropriate orders to be made arising out of his earlier judgments.
See his main judgment dated 6 February 2018, Second judgment dated 27 February 2018 referring questions to the CJEU and his Third judgment dated 29 April 2020 applying the rulings of the CJEU handed down on 29 January 2020. The CJEU decided an EU or national Trade Mark cannot be declared wholly or partially invalid on the grounds the terms used to designate the goods & services in respect to which that Trade Mark was registered lack clarity and precision.
The Judge concluded in his Third judgment that SkyKick had infringed certain of the Claimants (collectively Sky)’s EU and UK registered Trademarks “at least so far as SkyKick have used the signs complained of in relation to their email migration service , Cloud Migration” and insofar as the the Trade Marks are registered in relation to “electronic email services” . He also concluded that Sky’s infringing case based on registration of the Trade Mark for “telecommunications services” added , in essence nothing to the case on “electronic mail services”. He concluded its case based on the remainder of the Selected Goods & Services also added nothing. His Fourth judgment concluded given the very close similarity of SkyKick’s back up service (Cloud Backup) to Cloud Migration, that this had also infringed the said Trade Marks.