YouView, the digital TV and catch-up TV set top box mash-up service, may have to change its name after losing a High Court appeal.
YouView were appealing against an earlier trademark decision made back in may by the Intellectual Property Office (IPO), after they were approached by Total Ltd, owners of the Your View trademark.
The IPO had already stated that the similarity in the two firms names “could cause confusion”, and had refused YouView’s initial trademark requests. That decision has been upheld today by High Court Judge MR Justice Floyd. He said the hearing officer had “reached a conclusion which she was entitled to reach” and that “the relevant goods and services were highly similar.”
“YouView has no intention of changing its name,” a YouView representative said. “This matter is complex and subject to a number of on-going legal actions and will be settled in the courts.”
But with Total Ltd holding the Your View trademark since November 2009, YouView may be out of luck. Speaking of the court room success, a Total Ltd spokesperson said that “our client has done the right thing in defending a brand that is pivotal to their business and is legally theirs. We welcome the judge’s ruling.”
Total Ltd are prepared to continue to defend their trademark according to managing director Stuart Baikie, stating they had “every right and intention to take further action to protect our brand. We will soon be taking further infringement action in the High Court, likely to include seeking an injunction limiting their use of the brand, damages and costs, as we believe that they are still acting without regard to our registered mark and business interests.”
By Gerald Lynch | November 14th, 2012