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November 27, 2012

Total sues YouView TV over trade name dispute

YouView had lost an appeal in UK high court earlier this month

By CBR Staff Writer

Gloucestershire-based telecom company Total has sued internet TV provider YouView for trademark infringement saying that the name violates its brand called YOUR VIEW registered in 20 November 2009.

Earlier this month, UK based on demand television service lost a high court appeal which ruled that the name is "confusingly similar".

Total had earlier opposed the registration of YouView’s trade mark with Trade Marks Registry.

Willans LLP Solicitors partner Paul Gordon representing Total said the YOUR VIEW trade mark has been registered to Total since 20 November 2009, a fact that YouView were fully aware of when attempting to register their mark.

"On Friday 9 November, Mr Justice Floyd dismissed YouView’s appeal and took time to point out that not only was the hearing officer in the Trade Marks Registry right in her initial findings when she decided against registration of the ‘youview’ mark with certain goods and services, but that he agreed that there was similarity of the marks and similarity of the goods and services," Gordon said.

Total managing director Stuart Baikie said despite the recent ruling during appeal proceedings YouView has continued to act without regard to Total’s registered mark and business interests.

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

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YouView TV had recently launched a Freeview TV platform which is backed by a joint venture of major TV channels and broadband providers including BBC, ITV, Channel 4, Channel 5, BT, TalkTalk, and Arqiva.

YouView will provide audiences with digital television and radio channels as well as on demand programmes that are on the UK’s Freeview service.

Users will be able to rewind live TV and view content that was broadcast seven days prior. An on-demand search function is also provided with.

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