The “Sky’s” the limit . . .

Barry Riley

BSkyB has opposed the internet phone service Skype’s registration of the mark, “Skype” and logo in the European Union on the grounds that members of the public would find it confusingly similar to one of its own registered trade marks, “Sky”.

According to Skype, in July 2010, the Office of Harmonisation of the Internal Market (“OHIM”) ruled in favour of BSkyB’s opposition claims. Skype intend to appeal this decision.

If they lose, Skype said they would be less able to protect their brand and feared that third parties would “make additional challenges or commence trade mark infringement proceedings”. Skype could be prevented from using the “Skype” name or logo without a licence although a licence might not be available or might not be available on commercially reasonable terms.

Barry Riley
briley@metcalfes.co.uk
DDI – 0117 9453 042

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