YouView are to be sued for trade mark infringement by Total Ltd., who have held the Your View trademark since 2009.
YouView, the set-top box catch-up TV service chaired by Sir Alan Sugar, lost a high court appeal asking to be allowed to continue to use the name, following Total Ltd’s complaint that the two names were too similar. But with YouView expressing “no intention to change its name”, Total Ltd have taken proceedings to the next level.
Paul Gordon, Partner at Willans LLP Solicitors, representing Total Ltd. said:
“The YOUR VIEW trade mark has been registered to Total Ltd. since 20 November 2009, a fact that YouView were fully aware of when attempting to register their mark. On Friday 9 November, Mr Justice Floyd dismissed YouView’s appeal and took time to point out that not only was the hearing officer in the Trade Marks Registry right in her initial findings when she decided against registration of the ‘youview’ mark with certain goods and services, but that he agreed that there was similarity of the marks and similarity of the goods and services.”
Managing Director of Total Ltd., Stuart Baikie, added that “despite the recent vindication of our position in the appeal proceedings we believe that YouView has continued to act without regard to our registered mark and business interests. We have had no choice but to issue infringement proceedings and we are confident of success.”
Having already lost a High Court ruling, it seems unlikely that even Sir Alan Sugar’s considerable influence will be able to win this legal battle.