The Sky's the limit: OHIM Board of Appeal rules on BSkyB/Skype confusion issue
By Lorna Caddy
The benefits of being the first to register came to the aid of British Sky Broadcasting Group (BSkyB) in a recent OHIM Board of Appeal decision. The Board of Appeal ruled that there was a likelihood of confusion between the application for a black and white figurative mark containing the word ‘Skype’ and the word CTM SKY registered in relation to identical goods.
The slogan element of Skype’s mark (the whole world can talk for free) was found to be descriptive of the goods and therefore a weak element. The device element ‘Skype’ was considered the dominant element. When comparing the words Skype and Sky, the board noted that it is ‘the more important beginning of the mark to which consumers normally pay more attention’. On this basis, there was found to be a medium degree of similarity between the two marks…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
The Düsseldorf Court of Appeal has referred questions to the CJEU on whether the supply of patent-protected substances by a third party to a generic company is covered by the Bolar exemption.
This is only the second time that the Data Protection Index has featured in Global Intellectual Property Index, yet a number of trends are already apparent from the results.
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town