[access-uk] Mad mad world!!

From: Colin r. Howard <colin@xxxxxxxxx>
To: access-uk@xxxxxxxxxxxxx
Date: Thu, 12 Aug 2010 14:26:20 +0100
From: "David Pardy" <pardy@xxxxxxxxxxxx>
Date: Thu, 12 Aug 2010 12:53:44 +0100

how about this for crazy litigation!

http://www.newstatesman.com/blogs/the-staggers/2010/08/legal-case-murdoch-claims-sky

Rupert Murdoch claims to own the ?Sky? in ?Skype?
Posted by George Eaton - 11 August 2010 09:38

The most absurd legal case of the year? 

 
Rupert Murdoch. Photograph: Getty Images.
I have to confess that when I first heard the news that Rupert Murdoch's
BSkyB had launched a legal challenge to Skype I thought April Fool's Day had
come early, not least because the basis of the lawsuit is that the company
claims to own the "Sky" in "Skype".

But it transpired that the case was genuine, and that BSkyB has been
ensconced in a legal battle with Skype for the past five years. The news
emerged only after a brief reference to the legal action in the 250-page
document announcing Skype's Wall Street flotation.

A spokesman for Sky said: "The key contention in the dispute is that the
brands 'Sky' and 'Skype' will be considered confusingly similar by members
of the public."

To which I can only reply that I have never linked the two and can't think
of anyone who has. But it seems that the EU has upheld Sky's complaint and,
should Skype lose its forthcoming appeal, the company may be forced to
change its name.

One wonders if others who have had the temerity to use the word "sky" in
their work will now fall foul of the Dirty Digger. The Media Blog names some
of those who may need to watch their back here.

UPDATE: BSkyB has been in touch to point out that the dispute concerns
several trademark applications filed by Skype, including, but not limited
to, television-related goods and services. It's fair to say that were
Skype's name to appear on a set-top box, Sky would have a better case. But
I'm sure most people could make the distinction.

Sky may claim its customer research suggests members of the public would be
confused by the similarity, but the key question is this: did any of the
people surveyed consider "Sky" and "Skype" similar before they were asked?

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[access-uk] Mad mad world!!

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