EU Trade Mark Court Maintains Sky’s Pan-EU Injunction – SKYWORTH branded televisions found to infringe Sky’s brand

On 1 September 2017 the Commercial Court in Alicante, Spain, granted Sky a preliminary injunction prohibiting the offering, advertising and promotion of SKYWORTH branded televisions by the Defendant, SKW Skyworth Europe S.A., across the entire EU. In the decision, the judge acknowledged the reputation and distinctiveness of the Sky brand in Europe and found the use of the SKYWORTH brand for televisions was likely to cause consumer confusion and damage to Sky’s brand.

On 5 October 2018, and following the main hearing in February 2018 the Court reaffirmed the infringement, and the well-known status of the Sky brand and injuncted the Defendant from use of the SKYWORTH trade mark for hardware and broadcasting and telecommunication services. Sky was also awarded damages including reputational damages.

Brett Shelton, Head of International Intellectual Property, Sky International AG Comments: “Sky’s brand is core to our business and we are committed to protecting its value. This successful action is another indication of the strength of our brand and our determination to protect Sky’s intellectual property rights.”

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