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Sky News Update: Sky Win Infringement Case Against Microsoft

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Microsoft named their cloud service SkyDrive and Sky have won a trademark infringement case against them because of this. The England and Wales High Court ruled that the inclusion of the word ‘sky’ could cause confusion for customers and therefore Microsoft will have to change the name. “Microsoft will be able to provide arguments for an appeal to Judge Justice Sarah Asplin working on the case. The hearing will include potential solutions, but Microsoft could be ordered to pay compensation or even forced to change the name altogether as in previous trademark cases. The judgement was reached after an eight-day trial in April which came to light in a publication released on June 28. ‘This is an action for passing off and for infringement of two registered Community trade marks (CTMs) and two UK registered trade marks (UKTMs) for the mark 'SKY' by which the Claimants seek to prevent the Defendants from using ‘SkyDrive’ as the name for their cloud storage service throughout the European Union,’ the document reads. Microsoft has filed a counterclaim in an attempt to partly invalidate the trademarks "on the grounds of descriptiveness for cloud storage services". A spokesman for the company told TechCrunch: ‘This case is only about the SkyDrive name and has nothing to do with service availability or future innovation.’ ‘The decision is one step in the legal process and Microsoft intends to appeal.’ Meanwhile, a representative for Sky said: ‘Sky is pleased with the judgment handed down today by Mrs Justice Asplin.’ ‘We regard any unauthorised use of the Sky name as a clear infringement of our well-established Sky brand.’ ‘We remain vigilant in protecting the Sky brand and will continue to take appropriate action against those companies that seek to use our trademarks without consent.’” Sky are facing a tough summer in 2013 with rival telecommunications company BT launching their sports TV coverage and striving to out-bid Sky by offering the Premier League coverage free to their broadband customers. This case has proven important to Sky in order to maintain their identity within the market, without their trademark they will struggle against other companies. This article was initially resourced from www.digitalspy.co.uk. For more information on any of the products and services offered by Sky, Click Here to contact them directly. Additionally, keep up to date with all of Sky’s movements within the business world by reading the articles on our news feed.

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