SkyKick v Sky: Supreme Court says broad trademark filings can be bad faith
SkyKick UKvSky
- Court
- Supreme Court
- Judgment
- 13 November 2024
- Citation
- [2024] UKSC 36
Filing a trademark across huge categories you don't intend to use in can cost you part of the registration.
Sky sued SkyKick for trademark infringement over its SKY registrations, and SkyKick said those registrations were too broad to be valid. The Supreme Court agreed in part, trimming Sky's rights while still finding some infringement.
What happened
Sky sued SkyKick, a business providing email migration and cloud backup services, for trademark infringement based on its SKY registrations. Those registrations covered enormous ranges of goods and services, including computer software and telecommunications generally. SkyKick argued the registrations were invalid because Sky had applied for them in bad faith (knowingly seeking protection it had no genuine intention to use). The case went to the CJEU for guidance, then through the High Court and Court of Appeal, before reaching the Supreme Court, which had to decide how far a business can go in claiming broad categories of goods and services it never actually intends to supply.

What did the court decide in SkyKick UK v Sky?
The Supreme Court restored the trial judge's finding that Sky's applications were partly made in bad faith, because Sky had no intention to use the marks across the full breadth of goods and services claimed, and said the Court of Appeal's narrower test for bad faith was wrong. It also said the Court of Appeal was wrong to find any procedural unfairness in how that issue was decided. On infringement, SkyKick's email migration product did not infringe Sky's rights for "electronic mail services" because that term is read narrowly, but SkyKick's cloud backup service did infringe. The Court also confirmed UK courts kept jurisdiction as EU trademark courts over proceedings that were already pending when the Brexit transition period ended.
What we learned from this
- What I'd take from this is that registering a trademark across sweeping categories of goods and services you have no real plan to use is a risk, not a safety net. It can end up costing you part of the registration instead of giving you wider protection.
- Something to think about before filing is what you actually sell or plan to sell, rather than claiming broad categories just in case.
- A broad or vague specification using standard class headings gives no special protection against a bad faith challenge.
- Even a big, well known brand's trademark portfolio can be narrowed by a court if parts of it were filed without genuine intent to use.
Things to be aware of
- This was a mixed result: Sky still won on infringement for cloud backup services, so broad filing is a risk to manage, not a bar to ever winning a case.
- The ruling turned partly on EU law that applied when Sky filed its marks; the detail of how UK law applies now may differ in some respects.
- Bad faith has to be shown with evidence about intention at the time of filing; it isn't assumed just because a specification is broad.
The businesses involved
SkyKick UK Ltd
The UK arm of a business providing cloud email migration and backup services, including software that moved customers' email and data to cloud platforms.
Sky Ltd
Registered in England in 1988 and still active, based in Middlesex. Holds a large portfolio of UK trademarks, 471 according to the register, including the SKY marks at issue, as part of the Sky group of media and telecommunications businesses.
- Companies House
- 02247735 Active
- Incorporated
- April 1988
- Registered office
- Middlesex
- Business activity
- Activities of head offices
- UK trademarks
- 471
What happened next
- The UK Intellectual Property Office issued guidance for trademark applicants on how to specify goods and services following the ruling.Source: Gov, July 2025
- Commentators reported that English courts began applying the decision to trim overly broad specifications in subsequent trademark cases.Source: The Global Legal Post, September 2025
- A law firm noted the judgment clarified how far companies can go in registering marks across broad categories without genuine intent to use them.Source: ICLG, November 2024
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This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2024] UKSC 36 on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 26 October 2026. Report an error.










