Andre Yoskowitz
1 Jul 2013 15:26
BSkyB, a major pay-TV broadcaster in Europe, has won a judgement in the UK against Microsoft over the use of the trademark "Sky."
The next stage will be an appeal from Microsoft and the judge has to decide on whether there will an injunction or financial compensation, or both.
In June 2011, Sky began the suit and concerns "an action for passing off and for infringement of two registered Community trade marks (CTMs) and two UK registered trade marks (UKTMs) for the mark 'SKY' by which the Claimants [BSkyB] seek to prevent the Defendants [Microsoft] from using 'SkyDrive' as the name for their cloud storage service throughout the European Union."
BSkyB provides mobile apps and had a cloud-based online service, as well, dubbed Sky Store and Share.
Microsoft, on its end, is fighting to invalidate four Sky trademarks "on the grounds of descriptiveness for cloud storage services." We tend to agree with Microsoft on this one, where SkyDrive is not easily confused with BSkyB's services, but the judge thought differently.
Sky says in a press statement: "Sky is pleased with the judgment handed down today by Mrs Justice Asplin. We regard any unauthorised use of the Sky name as a clear infringement of our well-established Sky brand. We remain vigilant in protecting the Sky brand and will continue to take appropriate action against those companies that seek to use our trademarks without consent."