Interconnected TV service YouView, which launched earlier this year following a two year delay, has lost a high court battle which may see it forced to change its name or face paying damages.
Existing telecommunications firm Total Ltd registered its "Your View" trademark on 20 November 2009, whilst YouView made its application in 2010. Total initially opposed YouView’s application in the Trade Marks Registry and the opposition proceedings were decided on 30 May 2012.
Despite this YouView, owned by Lord Alan Sugar, steamed ahead with its launch and has subsequently lost its appeal after My Justice Floyd deemed the names “confusingly similar”, leaving the TV channel open to further legal action from Your View and an injunction which could limit its use of the brand name.
Total, which uses the Your View brand for its online billing service, has now confirmed it will take further action after winning the court ruling, including a claim for damages.
Stuart Baikie, managing director of Total, said: "We will soon be taking further infringement action in the high court, likely to include seeking an injunction limiting their use of the brand, damages and costs, as we believe that they are still acting without regard to our registered mark and business interests."
Baikie added: Whilst we have no doubt that they will defend those proceedings, we believe that the appeal court has already considered many of the issues that will come before the court in the infringement proceedings, so we are naturally optimistic about our prospects in that case."
However a YouView spokesperson commented: "YouView has no intention of changing its name. This matter is complex and subject to a number of ongoing legal actions and will be settled in the courts."