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YouView sued by Total for trademark infringement

26 Nov 2012
YouView on demand TV service

TV service YouView is being sued by UK telecoms firms called Total for a trademark on its Your View service, after a high court appeals ruling on 14 November ruled against YouView.

Total said it wants both "financial relief" from YouView and an injunction to prevent YouView from using the name.

Earlier this month, judge justice Floyd upheld an initial ruling that refused to grant YouView a trademark. A hearing officer at the Trade Marks Registry had originally ruled it was too similar to Total's service, which dates back to 2009.

"I am unable to see any error of principle in her [the hearing officer's] legal approach, or in the way in which she applied it to the comparison in this case. She reached a conclusion which she was entitled to reach," said Floyd in his recent ruling.

Despite the ruling YouView appeared unrepentant and said it had no intention of ceasing to use its name, a stance that has forced Total into its latest action, according to managing director Stuart Baikie.

"Despite the recent vindication of our position in the appeal proceedings we believe that YouView has continued to act without regard to our registered mark and business interests," he said.

"We have had no choice but to issue infringement proceedings and we are confident of success."

YouView reiterated its stance that it still believes the case is yet to be resolved.

"YouView has no intention of changing its name. This matter is complex and subject to a number of on-going legal actions and will be settled in the courts."

The case is just another example of some of the numerous patent, design and trademark infringements taking place in the technology world, and throws up yet another hurdle to YouView, which suffered numerous delays during its development before going live earlier this year.

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Dan Worth

Dan Worth is the news editor for V3 having first joined the site as a reporter in November 2009. He specialises in a raft of areas including fixed and mobile telecoms, data protection, social media and government IT. Before joining V3 Dan covered communications technology, data handling and resilience in the emergency services sector on the BAPCO Journal

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