In its decision "Da Vinci" of 23 October 2019 (I ZR 46/19), the First Civil Senate of the German Federal Court of Justice (FCJ), which is responsible for trademark disputes, held that it could be contrary to the principles of good faith if a trademark owner claims only a formal legal position when asserting claims for contractual penalties. The FCJ continues and clarifies with that decision its case law on so-called "speculative trademarks" (FCJ, judgment of 23 November 2000, I ZR 93/98, e.g. GRUR 2001, 242 - Classe E). Furthermore, in the eagerly awaited decision in the case "Sky/SkyKick" (C-371/18), the ECJ decided on 29 January 2020 that a lack of intention to use a trademark could also constitute bad faith within the meaning of Art. 59 (1) (b) EUTMR.