Microsoft loses case over use of name 'SkyDrive'

BSkyB, a major pay-TV broadcaster in Europe, has won a judgement in the UK against Microsoft over the use of the trademark "Sky."

The next stage will be an appeal from Microsoft and the judge has to decide on whether there will an injunction or financial compensation, or both.

In June 2011, Sky began the suit and 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."

BSkyB provides mobile apps and had a cloud-based online service, as well, dubbed Sky Store and Share.

Microsoft, on its end, is fighting to invalidate four Sky trademarks "on the grounds of descriptiveness for cloud storage services." We tend to agree with Microsoft on this one, where SkyDrive is not easily confused with BSkyB's services, but the judge thought differently.

Sky says in a press statement: "Sky is pleased with the judgment handed down today by Mrs Justice Asplin. We regard any unauthorised use of the Sky name as a clear infringement of our well-established Sky brand. We remain vigilant in protecting the Sky brand and will continue to take appropriate action against those companies that seek to use our trademarks without consent."

Written by: Andre Yoskowitz @ 1 Jul 2013 15:26

PraisesToAllah

SkyDrive vs. Sky Store and Share.

hmmm...doesn't look the same to me.

1.7.2013 17:05 #1

Qliphah

The use of the word "sky" when talking about cloud apps is a bit of a common sense turn of phrase. Also I doubt M$ had any intention of even competing with whoever BskyB is. This is just more EU posturing and trying to bilk money out of big corporations.

1.7.2013 17:10 #2

erjl

1.7.2013 17:55 #3

xtago

Originally posted by Qliphah: The use of the word "sky" when talking about cloud apps is a bit of a common sense turn of phrase. Also I doubt M$ had any intention of even competing with whoever BskyB is. This is just more EU posturing and trying to bilk money out of big corporations. BSkyB is huge paytv and other services they are huge in Australia as well, in fact besides the BBC they would be 1st or 2nd in the UK and Europe and the same again within Australia.

When I seen MS using Skydrive I was wondering if they would even remotely get away with using that name seeing as Sky is much like the BBC in terms of how wide there content goes.

2.7.2013 08:23 #4

xtago

Originally posted by PraisesToAllah: SkyDrive vs. Sky Store and Share.

hmmm...doesn't look the same to me. In the UK their whole service is called Sky so SkyTV, SkyNet, Skymail etc etc.

everything they provide starts with Sky.

So many people in the Uk will think of it as a Sky service and nothing to do with MS, which is why the judge won't see MS as having ownership of the trademark Skydrive seeing as Sky owns so many services that start with Sky.

2.7.2013 08:39 #5

Qliphah

But yet none of those are related to an online storage hub. I would say by US copyright law they wouldn't even be in the same market therefore this whole point is moot. By your reasoning Skymall magazine should have to change their name on all EU flights. Wouldn't want people thinking they are buying PPV tickets instead of some hair-dryer/scotch dispenser for their pet.

If anyone can make an argument against the EU targeting big corporations for what amounts to extortion and cash grabbing I'd like to hear it.

2.7.2013 09:47 #6

Mrguss

Originally posted by Qliphah: But yet none of those are related to an online storage hub. I would say by US copyright law they wouldn't even be in the same market therefore this whole point is moot. By your reasoning Skymall magazine should have to change their name on all EU flights. Wouldn't want people thinking they are buying PPV tickets instead of some hair-dryer/scotch dispenser for their pet.

If anyone can make an argument against the EU targeting big corporations for what amounts to extortion and cash grabbing I'd like to hear it. Sky is the UK Faux News. Both owned by Rupert Murdoch as well as My Space. Just saying

+5000

2.7.2013 20:11 #7

KillerBug

Not the first time someone got away with trying to take total ownership of a commonly used word...pretty sickening really. The really screwed up part is that Sky didn't start the whole sky thing...I'd love to see James Cameron sue them. Better yet, I'd like to see Apple get sued by the Catholic church. :)

2.7.2013 21:08 #8

keola37

A disgusting sign of the times when people can copyright a word like "Sky"...

I think the US Military should sue BSkyB for having a name which is an obvious attempt to pass themselves off as some cool new plane.

3.7.2013 11:08 #9

ddp

& what cool plane would that be?

3.7.2013 12:34 #10

keola37

Originally posted by ddp: & what cool plane would that be? i could see a B-SkyB as some kind of fighter bomber maybe...

The original B-Sky was of course renamed to the B-SkyB after they added an advanced avionics and radar package.

The B-SkyC was planned, with added stealth capabilities, but its funding was cut.

3.7.2013 12:51 #11

ddp

what airforce was that for as not the us, maybe the uk?

3.7.2013 12:59 #12

keola37

Bullshitistan

3.7.2013 13:06 #13

ddp

i figured you were that.

3.7.2013 13:27 #14

Bigwillyz

Did they forget the "Skyactive" technology in cars now. Are they going to sue all those car companies that will absolutely crush them, I think not

3.7.2013 22:45 #15

keola37

Skyrim...

and of course Kareem Abdul Jabbar better rebrand his shot.

3.7.2013 22:55 #16

keola37

also, next time i go outside and look up, i am risking being sued

3.7.2013 23:18 #17

Jemborg

Quote:We tend to agree with Microsoft on this one, where SkyDrive is not easily confused with BSkyB's services, but the judge thought differently. You guys seem to be blissfully unaware that Rupert Murdock owns BSkyB... y'know, the same dude that owns Fox in the US? Yes, THAT Rupert Murdock.

Its a lot easier being righteous than right.

4.7.2013 23:54 #18

Qliphah

Originally posted by Jemborg: Quote:We tend to agree with Microsoft on this one, where SkyDrive is not easily confused with BSkyB's services, but the judge thought differently. You guys seem to be blissfully unaware that Rupert Murdock owns BSkyB... y'know, the same dude that owns Fox in the US? Yes, THAT Rupert Murdock. Funny side note, Fox once tried to sue the creators of the Simpsons for some of their comments on air about the network. It went months before someone realized Fox was suing itself and dropped the case.

5.7.2013 08:59 #19

BigDDub

Remember, "Time and Tide wait for no man".

5.7.2013 17:26 #20

ddp

Qliphah, left hand doesn't know what the right hand is doing, lack of communications.

5.7.2013 22:29 #21

Jemborg

Originally posted by ddp: Qliphah, left hand doesn't know what the right hand is doing, lack of communications. It's not like the Fox logo appears at the end of The Simpsons is it? I'd like a link to this story because it sounds a bit too fantastic.

Its a lot easier being righteous than right.

5.7.2013 23:02 #22

leglessoz

The days when companies were allowed to start copyrighting names that are common everyday words like apple, orange, sky and others, was the beginning of a slippery downward slope.

6.7.2013 08:01 #23

xboxdvl2

makers of terminator movies should be suing as skynet was first.

i have the big screen tv,a ps3 and 5.1 channel surround sound.car still runs smooth and computer still works but its a bit outdated.

6.7.2013 11:26 #24

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