Microsoft again must bow to Sky TV. Problem with Skype name.

Broadcaster sky is an obstacle for the second time in registering trademarks Microsoft. The first dispute had change the name of the software giant overcloud skydrive service to onedrive and now he has not undergone a Skype name. 

The Tribunal European Union on Tuesday ruled (pdf) that he Microsoft unable to register as a trade mark image and verbal marking Skype. Skype, which was formed in 2003, it became part Microsoft in 2011 when it bought the company. The said application was lodged the company for the years 2004 and 2005 at the Office for Harmonization in the Internal Market (OHIM). Against that, however, then she said British sky Broadcasting Group, now sky and sky IP International. In her opinion there is a risk likelihood of confusion with its verbal a Community trade mark sky, be in the year 2003 for the same products and services. 

The OHIM opposition has been granted. The reason it gave likelihood of confusion "by reason of their average grade appearance, phonetic and conceptual similarity, and that the conditions allowing noted reduce that risk are not satisfied." Subsequently, the company Skype for Tribunal European Union called the repeal of this Decision. This European Court located in Luxembourg has now ruled on the refusal actions.

The Tribunal dismissed the proceedings company Skype and confirmed existence likelihood of confusion between pictorial and verbal indication Skype and verbal trademark sky," he writes, in the court's decision. ruling against Microsoft may now within two months of its notification to the Court of Justice appeal limited to only the legal issues. Microsoft's the BBC also intends to do. The verdict, which they carried out Tribunal judges, one from the judicial organs of the European Court of Justice (ECJ), subsequently explains further similarities. "As regards the turtledove, phonetic and conceptual similarity between the conflicting indications, the tribunal confirmed that pronunciation vowels "Y" is not in the expression "Skype" is less than in the expression "Sky". In addition the term "Sky", which is part of a basic vocabulary English language, it can be in the expression "Skype", despite the fact that the expression is written only in a word, clearly identified. 

The public may finally relevant element "Sky" in the expression "Skype" fully identify, even if the remaining element "PE" has no its own meaning. No doubt picked image puff around name in the log service. "In Picture ) designation is the verbal element of "Skype" let edge-shaped cloud or bubbles. From turtledove point of view an image element, the verbal element only stresses, and it is therefore perceived as a mere line. From phonetic point of view is not an image element in the shape line able to cause phonetic impression, which continues to be determined exclusively verbal element. 

 Finally, the point of view-image element Dnepropetrovsk no concept, with the exception of the plan where appropriate cloud, which could still increase the likelihood identification element "Sky" in verbal element "Skype," because clouds are located "In the sky" and can thus be easily associated with the air sky," writes further in ruling. As a result, does not alter, both names may coexist side by side. The change of name Skype Microsoft so there is no risk, as was the case with the previous dispute with sky. Sky vs Microsoft - Microsoft with 2:0 tessellate sky met for the second time. Almost two years ago the software giant lost from the British court dispute with broadcaster British sky Broadcasting Group by the name sky in indication of its overcloud skydrive service television stations television stations.

The system is used for names, Microsoft wanted to use it for its overcloud it. In the end it had to change to onedrive. And it's not the first name by which Microsoft came in. Even earlier, the software company gave up name new graphical user interface "metro" dispute with the German company Metro AG, owner business network macro. Disputes between producers of names are not so popular as disputes over patents, nevertheless, they duly more expensive. Well-known is the battle for example apple ipad and proview the brand. Name the most successful pill fail coincided with the name "all-in-one" computers, placed on the market ten years earlier. Apple had Chinese firm pay damages in amount of $60 million (roughly $1.2 billion).