5th May 2015 08:57
Luxembourg (Alliance News) - The logo of online telecommunication service Skype could be confused with a trademark registered by broadcaster Sky PLC, an EU court ruled Tuesday, backing a complaint brought by the London-listed group.
Sky, which is best known for its pay-TV services, had filed a trademark in 2003 for a range of audiovisual and online products, before Skype applied to register its name for identical goods and services in 2004 and 2005.
The broadcasting giant subsequently complained to the EU's trademark watchdog, the Office for Harmonisation in the Internal Market (OHIM), arguing that there was a likelihood of confusion between the two brands.
OHIM upheld Sky's opposition to the Skype trademark, arguing that the logos were visually, phonetically and conceptually similar. Skype in turn challenged that decision before the EU's General Court.
But the Luxembourg-based judges dismissed Skype's complaint, finding that there were enough similarities for the trademarks to be confused with one another.
Not only does the word "sky" appear in the name "skype," but the cloud-shaped border around the Skype logo also creates associations with the sky, the court found.
The judges also argued that the logos have not existed side by side for long enough to rule out the likelihood of confusion.
The decision can be appealed before the European Court of Justice, the EU's highest arbiter.
Copyright dpa
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