Principles for the Assessment of 'Special Grounds' under Article 104(1) of the CTM Regulation: Starbucks (HK) Ltd v British Sky Broadcasting Group PIc, EMI (IP) Ltd v British Sky Broadcasting Group PIc

摘要

The Court of Appeal has recently canvassed a set of principles to aid in the assessment of whether "special grounds " exist under art. 104(1) of the CTM Regulation. In so doing the Court of Appeal avoided the potential pitfalls associated with a rigid test.