Trademark infringement: Sky drives out Microsoft

BSkyB, the well-known UK broadcaster and provider of communication products, has won its claim against Microsoft for trademark infringement and passing off in relation to Microsoft’s use of the name ‘SkyDrive’ for its cloud storage service.

Microsoft launched its SkyDrive product in 2007–08. It was initially branded as ‘Windows Live SkyDrive’ but by 2011 had developed into a major standalone brand, with 92 million users worldwide.

In considering whether there was a likelihood of confusion, the English High Court held that the average consumer would see SkyDrive as two words, with ‘sky’ being the dominant element fulfilling a trademark function and ‘drive’ being merely descriptive. The court also took into account the context of Microsoft’s use, noting that, even before it became a separate brand in 2011, SkyDrive was often used free of all Microsoft context…

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.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer


5 New Street Square

Turnover (£m): 241.20
No. of lawyers: 860 (UK 200)
Jurisdiction: UK
No. of offices: 6
No. of qualified lawyers: 73 (International 50)
No. of partners: 29