Bad faith in EU trade mark law: the impact of SkyKick post-Brexit

This article explores the evolving concept of bad faith in EU trade mark law, particularly in light of the Court of Justice of the European Union (CJEU’s) judgment in SkyKick. The concept, rooted in ethical and commercial fairness, has been clarified through pivotal cases, including Lindt, Koton, and—as mentioned—SkyKick. These judgments highlight how overly broad trade mark registrations can serve as anti-competitive tools, undermining fair market practices. The UK Supreme Court’s alignment with CJEU jurisprudence post-Brexit underscores a commitment to a nuanced analysis balancing trade mark protection, honest commercial practices and market integrity. The findings provide a robust framework for addressing trade mark abuses while fostering fair competition.