Microsoft Is Going To Appeal SkyDrive Trademark Decision Made By European Court

Posted Jul 1, 2013

Microsoft Corporation
has announced today that they are going to appeal a trademark lawsuit in regards to the SkyDrive cloud storage service.  Microsoft lost a trademark lawsuit to the British Sky Broadcasting (BSkyB) Group in a European court.  This lawsuit would prevent Microsoft from using the SkyDrive cloud storage name in the European Union.  The decision was handed down this past Friday by the England and Wales High Court after an eight-day trial in April.

BSkyB claims that Microsoft is infringing on two registered Community trade marks (CTMs) and two UK registered trade marks (UKTMs).  The court said that Microsoft’s use of the SkyDrive name will likely cause confusion among consumers and infringes on the Sky trademark.  The judge decided that there was confusion between the SkyDrive cloud services and Sky’s broadband services.  The court also said that SkyDrive may also be detrimental to the Sky brand and could be viewed as trademark infringement on the same grounds.

The High Court of England and Wales is a Community Trade Mark is given permission from the Court of Justice of the European Union (CJEU) to make decisions across the European Union and not just the country that the decision is made.

“We remain vigilant in protecting the Sky brand and will continue to take appropriate action against those companies that seek to use our trademarks without consent,” said a BSkyB spokesperson in a statement.  “There?s a follow-up hearing on remedies. That will decide what the implications are for Microsoft, including our future restrictions around the use of the Sky brand.”

?This case is only about the SkyDrive name and has nothing to do with service availability or future innovation,? added a Microsoft spokeswoman.  She said that Microsoft is going to appeal the case.

If the appeal is unsuccessful, then BSkyB may seek profits in regards to the damages and Microsoft may change the name of the service.