Judge takes dim view of YouView name in trademark infringement ruling

After two years, this brand name is on the rocks...
The High Court has ruled that the YouView name is too similar to that of another company, meaning the Freeview/internet hybrid service may soon be forced to change its name.

Gloucestershire based telecoms firm Total Ltd argued that YouView is similar to its Your View brand, which it registered as a trademark in 2006, six years before YouView launched.

In a detailed 40 page judgment, Mr Justice Sales today concluded that YouView’s set top boxes and TV service, currently marketed via TalkTalk and BT among others and in use by around 1 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 has announced that it 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.

Lorrin White, Managing Director of Total 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 once again. 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 wholeheartedly defend those rights – as any business should - otherwise we would never have registered our marks in the first place. Our integrated YourView products are core to the long term strategy of Total. We are a business that respects our partners, competitors and the wider industry, but YouView have persisted in their infringement of our registered mark, leaving us no option but to take action through the courts.”


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3 comments:

  1. I think Youview and Yourview are sufficiently different in name and are not in the same area of business. Sure Yourview is in comms but they are not making/marketing set - top boxes or terrestrial TV. I don't see that Youview could possibly be confused with Yourview and is not 'passing itself off' as Yourview. Still, I am not a judge. Nobody confuses Apple with an apple or Orange with an orange. Yourview have been very lucky to get this far with their claim. Bearing in mind the cost implications and marketing that's already gone into Youview, I would expect Youview to appeal to a higher court or pay off Yourview - which may be what Yourview wanted all along.

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  2. I agree with Android Europe, YourView are streathing out on a limb. YouView is big now and BT and Talk Talk wont want trouble with a small telco company, something will give and the YouView name will stay.

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  3. Call it U-view. On paper it's different but it sounds the same.
    Otherwise call it Freeview+

    ReplyDelete

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