After the trail in April, British judge has ruled that Microsoft trademark “SkyDrive” infringes British Sky Broadcasting brand in Europe and the United Kingdom. The decision is based on the understanding that there is a possibility for the average consumer to get confused also to accept Microsoft and Sky’s business have the same source or they are economically linked. Surveys, interviews and recordings of confused Sky Driver users, searching for explanations Sky helpline have been analyzed for ruling of the court.
The litigation concerns four registered trade marks - two Community trade marks and two UK marks.
The trademark of British Sky Broadcasting Group Plc & Others exists since 2001. BSB is an English TV, internet and broadband provider, while the Microsoft’s product is created in 2007 with online storage purpose, files, pictures etc. which user can reach whenever in internet and share with others.
BSB provides mobile applications and online streaming services to remain competitive. This new services are based on the cloud computing technologies – technology for permanent access and sharing.
Although Microsoft admits there is a similarity between the products of Sky and the sharing services of SkyDrive, the tech giant considers appealing the ruling. Microsoft issued a counterclaim by which the four trademarks of BSB should be invalidated because of the descriptiveness for cloud storage services.
As a result of the ruling, Microsoft should rename the product but there is a possibility to pay a fee through which MS can save the brand and not to be forced to start from scratch in Europe and UK.
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