Feeds

YouView loses YourView trademark fight, may have to pick new name

So, this is all going really well

Boost IT visibility and business value

The £100m BT and TalkTalk-backed set-top box venture YouView™ may be forced to change its name after losing a trademark scrap today against Cheltenham-based telecomms provider Total.

The latter had registered the trademark Your View™ for its billing platform – which it advertises here – before BT and TalkTalk had registered the moniker for the internet television service.

Under trademark law it isn't necessary to produce confused punters as evidence – merely that they could be confused.

"If YV uses its 'youview' sign as it has been and is doing, it is likely that the average consumer will be confused in relation to the origin of the goods and services being offered to them. YV's actions are thus liable to have an adverse effect upon the functions, including the 'essential function', of Total's trade mark," Justice Sales concluded in his ruling.

"Total 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," the company said in a statement.

Total filed the YourView trademark in June 2009 under three classes, including database management and telecomms services, and the application was granted the mark in November 2009. YouView only applied for the YouView trademark in April 2010.

The YourView trademark was granted in 2009

In May 2012 a court (PDF) fined YouView £1,200 and on appeal, the High Court dismissed YouView's appeal.

Justice Sales said he was aware of "potential dangers" if "excessive protective effect" were given to trademarks, but didn't believe this was applicable in this case. He said Total had acted in good faith to protect its mark, and its application had preceded that of YouView by months.

YouView would have been aware of Total's YourView trademark when it applied as trademarks are easily searchable online, but evidently didn't think it would be a problem. ®

Next gen security for virtualised datacentres

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Fast And Furious 6 cammer thrown in slammer for nearly three years
Man jailed for dodgy cinema recording of Hollywood movie
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?