EU court ruling: Sky and Skype too easily confused

[elsiegee40]

Court says Skype's name is too similar to Sky's - BBC News

[sparkeh]

Does anyone really confuse Sky and Skype? I don't know anyone that has?!

[localzuk]

The issue is not just confusion as to how the companies stand right now. Skype/Microsoft were trying to register their trademark in a list of markets - including video streaming etc... So, in the future, should Microsoft release "Skype TV" and they have a registered trademark already then the confusion could happen.

 

That's how I read it from tech site reporting of it anyway! The BBC, as always, are light on details.

[sonofsanta]

Seriously? Has Rupert Murdoch just bought and paid for the EU trademark court? Microsoft had to rename SkyDrive because Sky had once had a service (that no-one had heard of) allowing their broadband customers a paltry amount of online storage by that name, and now this? Skype is a far bigger brand than Sky -- not only international, but so common that it's a verb used by non-tech family members.

[localzuk]

Skype may be a bigger brand - but that is almost entirely irrelevant to trademark issues. Sky existed before Skype. Sky were operating in various markets before Skype were. So, in reality, Sky could argue that Skype's meteoric rise came on the back of their trademark and try to claim compensation for it.

[Oaktech]

And this is why we have ridiculous company names like funky pigeon. Not just to be memorable, but to demonstrably different

[InterwebsGuy]

This is litigation for litigation's sake in my opinion, and there seems to be a lot of this these days.

 

I should have been a lawyer. They are the real winners in these cases.

[aleach2]

bye bye Skyscanner - Compare Cheap Flights, Hotels & Car Hire and any other brand with Sky in the name

[localzuk]

bye bye Skyscanner - Compare Cheap Flights, Hotels & Car Hire and any other brand with Sky in the name

 

Do Sky operate in the web flights, hotels and car hire market? Is their trademark registered under that market?

[sonofsanta]

Wait -- maybe we've all underestimated Rupert Murdoch -- perhaps, despite the convincing appearance of evil, he is actually a noble warrior defending us from the threat of apocalypse! For how can SkyNet ever be born if the EU Trademark Court were to give Sky precedence over the name?

 

Rupert Murdoch is Kyle Reese

[InterwebsGuy]

Do Sky operate in the web flights, hotels and car hire market? Is their trademark registered under that market?

Didn't Easyjet try this argument a number of years ago? I (vaguely) recall they attempted to block the use of "easy" in names in case they wanted to enter that market in the future, such as easyCruise, easyHotel, or whatever. Either way, I can't remember the outcome!

[localzuk]

Didn't Easyjet try this argument a number of years ago? I (vaguely) recall they attempted to block the use of "easy" in names in case they wanted to enter that market in the future, such as easyCruise, easyHotel, or whatever. Either way, I can't remember the outcome!

 

They have had mixed success. Mostly they've lost but they won at least one case based on that argument. Can't remember which case it was though, they do it far too often!

 

The issue with trademarks is reasonably simple - if your trademark is registered in a market then someone else's trademark cannot infringe upon it (well, unless you have a license etc...). If you register a trademark and then don't use it in that market, you can and will lose it - trademarks are only enforceable so long as you use and enforce them.

 

So, if Sky wishes to use the trademark in the web travel market then they would have to do so. Skyscanner wouldn't be at risk simply because Sky do not operate in that market and have put no effort into that trademark.

[sted]

bye bye Skyscanner - Compare Cheap Flights, Hotels & Car Hire and any other brand with Sky in the name

don't sky have a travel channel? which presumably has an associated webpage probably close enough

[Diello]

We're looking at this the wrong way around - It's not the court taking Murdoch's side... it's the court just going against Microsoft because... they're Microsoft...

[localzuk]

don't sky have a travel channel? which presumably has an associated webpage probably close enough

 

It closed down in 2010.

[aleach2]

Do Sky operate in the web flights, hotels and car hire market? Is their trademark registered under that market?

 

Do they operate in the video chat and instant messaging market?

[unixman_again]

I wonder if Ford will sue Microsoft? After all, Cortana is easily confused with Cortina. Oh, perhaps not, a Cortina was useful.

[tmcd35]

Oh, perhaps not, a Cortina was useful.

 

Yeah, it made a good (Dagenham) dustbin

 

- - - Updated - - -

 

Oh, perhaps not, a Cortina was useful.

 

Yeah, it made a good (Dagenham) dustbin

[john]

Yeah, it made a good (Dagenham) dustbin

 

Also then made an excellent Musical that won lots of awards and then closed :'(

[Arthur]

Another absolutely ridiculous example...

 

'No Man's Sky' developer ends 'legal nonsense' battle over name

 

There's no sign that it contributed to the delay, but Hello Games founder Sean Murray said today that after "3 years of secret stupid legal nonsense," his company's game can be called No Man's Sky. They had to settle with trademark owner Sky TV to use the name that it's very protective of -- remember when Microsoft had to rename SkyDrive as OneDrive for the same reason?

[ozydave]

If you confuse Sky and Skype then you are a muppet

[DJ-1701]

If you confuse Sky and Skype then you are a muppet

 

I was wondering why I wasn't getting any answer from my friend while shouting up at the sky...