Starbucks v BSkyB [2012] EWHC 3074 (Ch)
This is one of a number of cases in which the nature of “special grounds” in the stay provisions in the Trade Marks and Designs Regulations have been considered by the courts. The Court of Appeal in this case said that special grounds should be interpreted restrictively. They do not arise when an application is made to OHIM in response to a threat of proceedings but only when provisional measures are unavailable so that the claimant would be deprived relief during the pendency of the stay: see [2012] EWHC 1842 (Ch) and [2012] EWCA (Civ) 1201.
The decision from the October trial can be found here [2012] EWHC 3074 (Ch).