Do declarations of non-infringement work for trade mark litigants?

The Sky's the limit?Declarations of non-infringement or DNIs are common in the patent world whether as part of a pre-emptive “clearing the way” strategy or as a counterclaim to alleged infringement.But do they work for trade marks?This question has been indirectly considered in two recent English cases: Karen Millen v Karen Millen Fashions Ltd and Skyscape Cloud Services Ltd v Sky Plc.The