Pre-trial reference to ECJ refused by High Court
In Sky Plc v SkyKick UK Limited (2017 EWHC 1769 (Ch)), Justice Birss refused the defendant’s application to make a pre-trial reference to the European Court of Justice (ECJ) on a question relating to the validity of Article 1(13) of Regulation 2015/2424. The effect of Article 1(13) was to abolish the ‘own name’ defence for corporate entities in EU trademark infringement cases, limiting it only to parties who are natural persons. The defendant contended that Article 1(13) was in violation of fundamental EU rights.
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