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Total triumphs in trademark case against YouView ; the business [Gloucestershire Echo (England)](Gloucestershire Echo (England) Via Acquire Media NewsEdge) THE High Court has ruled that the YouView TV company infringed a trade mark owned by Total Ltd, The Cheltenham based independent telecommunications company. YouView TV, a joint venture involving the major TV channels and broadband providers, to include the BBC, ITV, Channel 4, Channel 5, BT, TalkTalk and Arqiva, was previously chaired by Lord Sugar. In a 40-page judgment, Mr Justice Sales concluded that YouView's set-top boxes and TV service, marketed via Talk Talk and BT among others and in use by around a million homes across the country, infringed Total's 'Your View' trade mark. YouView had tried to argue that the trade mark was invalid and that there was no infringement, but Mr Justice Sales disagreed and comprehensively dismissed YouView's arguments. Total will now be seeking an injunction against YouView to prevent any further use of the name 'YouView', together with financial payment and legal costs, among other remedies. Mr Justice Sales' judgment is yet another defeat for YouView following its previous unsuccessful attempt to register the 'YouView' trademark for set top box software and hardware. Total successfully opposed the YouView trade mark before the UK Intellectual Property Office. YouView's appeal was then rejected by another High Court judge, Mr Justice Floyd. Total was represented by Paul Gordon, litigation partner at Willans LLP of Cheltenham, who said: "This is the most significant of the three wins that Total has obtained over YouView. I think Total has shown great courage and principle in pursuing YouView to trial. "Total's rights were plainly infringed and it had to stand firm against a much larger and better-funded opponent. The judgment of Mr Justice Sales has vindicated Total's position." Total MD Lorrin White said: "As a growing business, Total has always taken the protection of its intellectual property rights very seriously. "I am delighted that our determination - and considerable investment - in doing so has resulted in the courts finding in our favour. Whilst Total may not compare to YouView in terms of size, we both operate in the same industry space. We protect our rights to brand ownership and defend those rights - as any business should - otherwise we would never have registered our marks in the first place." (c) 2014 ProQuest Information and Learning Company; All Rights Reserved. |