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July 02, 2013

BSkyB Wins Legal Victory in UK Court against Microsoft over Use of Word 'Sky'

By Ed Silverstein, TMCnet Contributor

BSkyB (News - Alert) has won a legal victory in the England and Wales High Court against Microsoft for its infringement of the “Sky” trademark.



The ruling suggests that Microsoft (News - Alert) using the “Sky” word for its cloud storage service could confuse consumers.

Justice Sarah Asplin issued her ruling after an eight-day trial and will next consider whether to grant an appeal from Microsoft. She also has to determine if the court will order financial compensation and also order Microsoft to stop using the name.

So that means Microsoft may change the name of SkyDrive – the company’s cloud storage service – and pay fines, according to TMCnet.

“Taking into account all of the evidence … it follows … that in my judgment there has been a misrepresentation whether intentional or not,” England and Wales High Court Chancery Division Justice Sarah Asplin said in her ruling.

Sky’s suit against Microsoft started in 2011 for the infringement of two registered Community trademarks (CTMs) and two UK registered trademarks (UKTMs) related to use of “Sky.” BSkyB wants Microsoft to stop using ‘SkyDrive’ for their cloud storage service name in the European Union.

In its argument, Microsoft has held that “it’s not easy to confuse its cloud-based SkyDrive services with BSkyB’s pay-TV, mobile and online services,” TechCrunch reported.

“This case is only about the SkyDrive name and has nothing to do with service availability or future innovation,” according to a Microsoft statement made to TechCrunch. “The decision is one step in the legal process and Microsoft intends to appeal.”

In a statement to TechCrunch, Sky said, “Sky is pleased with the judgment handed down today by Mrs. Justice Asplin. We regard any unauthorized 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.”




Edited by Blaise McNamee
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