BSkyB wins high court trademark battle over Now TV name

3 Nov

BSkyB has won a high court trademark battle over the name of its new internet TV service, Now TV.


A high court judge ruled on Friday that BSkyB’s Now TV does not infringe the trademark of Hong Kong-based telecoms giant PCCW, which runs a service of the same name in the territory.


Mr Justice Arnold also threw out PCCW’s claim that BSkyB should pay damages for “passing off” its Now TV brand.


BSkyB launched Now TV in the UK in July this year in a bid to compete directly with digital video on demand services, including Netflix and LoveFilm.


PCCW, which is chaired by the media tycoon Richard Li, launched its trademark complaints before BSkyB’s Now TV launched.


In a three-day trial in London in October, PCCW argued that BSkyB was guilty of passing off its Now TV brand because customers would confuse the two.


However, Arnold threw out PCCW’s claim on Friday, ruling that the company’s registered trademark was invalid and that there was no passing off.


The judge said in a written judgment: “Would Sky’s use of the name NOW TV for its internet television service be likely to lead consumers who were familiar with [PCCW’s] service to think that Sky’s service emanated from the same source or was connected with it? As noted in paragraph 87 above, there is no evidence of any actual confusion to date.”


He added: “Even if the [copyright for ‘Now’] is valid, Sky have not infringed it.”



Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: