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June 28, 2013 10:30 pm GMT
Microsoft went big on pushing cloud services this week at its Build conference, but today it was dealt a blow for how it might to market them in Europe. BSkyB, the pay-TV broadcaster part-owned by News Corp., won a judgement in the England and Wales High Court against the U.S. software giant, for infringing the “Sky” trademark. The next step is another hearing in which the presiding judge, Justice Sarah Asplin, will hear arguments for an appeal from Microsoft, as well as decide on what remedies may be applied. Those remedies in past trademark cases have typically included financial compensation, an order to abandon usage of a name, and sometimes both. Background. The case between Sky and Microsoft started back in June 2011 and specifically concerns “an action for passing off and for infringement of two registered Community trade marks (CTMs) and two UK registered trade marks (UKTMs) for the mark ‘SKY’ by which the Claimants [BSkyB] seek to prevent the Defendants [Microsoft] from using ‘SkyDrive’ as the name for their cloud storage service throughout the European Union.” It is one of the largest pay-TV services providers in Europe, and like many TV broadcasters it has leveraged this to grow its digital audience. Within that, Sky also provides mobile apps and an online streaming service that are — yes — cloud-based. It also provided its own online storage service between 2008 and 2011, Sky Store & Share. Microsoft, on its side, has put in a counterclaim trying to invalidate four Sky trademarks “on the grounds of descriptiveness for cloud storage services.” In other words, Microsoft believes that it’s not easy to confuse its cloud-based SkyDrive services, with BSkyB’s pay-TV, mobile and online services (some of which are streamed, and — yes — cloud-based). You can read the full judgement, written by Justice Sarah Asplin, here or embedded below. In it, she compares Sky’s and Microsoft’s arguments to a number of other precedents in areas as diverse as the beer and the educational publishing industries, and weighs it up alongside evidence from surveys of existing users. Particularly detrimental is that the two services often sit quite close to each other, as demonstrated in this piece of evidence for how the apps appear on the XBox: Reading through the case (warning: it’s long) you can see that there are a lot of nuances to the case, and so there may still be
Original Link: http://feedproxy.google.com/~r/Techcrunch/~3/TkcYZuyxFAY/
UK's BSkyB Wins Judgement Against Microsoft Over Use Of SkyDrive Name In Europe
Microsoft went big on pushing cloud services this week at its Build conference, but today it was dealt a blow for how it might to market them in Europe. BSkyB, the pay-TV broadcaster part-owned by News Corp., won a judgement in the England and Wales High Court against the U.S. software giant, for infringing the “Sky” trademark. The next step is another hearing in which the presiding judge, Justice Sarah Asplin, will hear arguments for an appeal from Microsoft, as well as decide on what remedies may be applied. Those remedies in past trademark cases have typically included financial compensation, an order to abandon usage of a name, and sometimes both. Background. The case between Sky and Microsoft started back in June 2011 and specifically concerns “an action for passing off and for infringement of two registered Community trade marks (CTMs) and two UK registered trade marks (UKTMs) for the mark ‘SKY’ by which the Claimants [BSkyB] seek to prevent the Defendants [Microsoft] from using ‘SkyDrive’ as the name for their cloud storage service throughout the European Union.” It is one of the largest pay-TV services providers in Europe, and like many TV broadcasters it has leveraged this to grow its digital audience. Within that, Sky also provides mobile apps and an online streaming service that are — yes — cloud-based. It also provided its own online storage service between 2008 and 2011, Sky Store & Share. Microsoft, on its side, has put in a counterclaim trying to invalidate four Sky trademarks “on the grounds of descriptiveness for cloud storage services.” In other words, Microsoft believes that it’s not easy to confuse its cloud-based SkyDrive services, with BSkyB’s pay-TV, mobile and online services (some of which are streamed, and — yes — cloud-based). You can read the full judgement, written by Justice Sarah Asplin, here or embedded below. In it, she compares Sky’s and Microsoft’s arguments to a number of other precedents in areas as diverse as the beer and the educational publishing industries, and weighs it up alongside evidence from surveys of existing users. Particularly detrimental is that the two services often sit quite close to each other, as demonstrated in this piece of evidence for how the apps appear on the XBox: Reading through the case (warning: it’s long) you can see that there are a lot of nuances to the case, and so there may still beOriginal Link: http://feedproxy.google.com/~r/Techcrunch/~3/TkcYZuyxFAY/
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