ARTICLE
2 September 2010

Skype Admits to Losing Trade Mark Battle with Sky

MA
Matthew Arnold & Baldwin

Contributor

Matthew Arnold & Baldwin
Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company’s brand is too similar to its own.
UK Intellectual Property
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Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company's brand is too similar to its own. Sky has opposed Skype's applications to register its trade marks in a number of jurisdictions and has succeeded in opposition proceedings with the Office of Harmonisation of the Internal Market, which deals with European Community Trade Mark applications. Skype has vowed to fight on all the way to the European Court of Justice if necessary.

The matter has come to light because Skype has had to admit to the business risks as part of its plans to float. It has also admitted that if Sky wins then this may encourage other third parties to oppose its brand and also for them to take legal actions for trade mark infringement. If Skype loses, this could prove costly and ultimately end up either in a re-brand or a requirement to pay expensive licence fees.

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