ON DEMAND TELEVISION SERVICE Youview might have to change its name after it lost an appeal in court.
The firm's appeal was dismissed on Friday by High Court judge Mr Justice Floyd on Friday. Justice Floyd upheld an earlier decision by the UK Trade Marks Registry that the name Youview is too similar to YOUR VIEW, an earlier trademark held by telecoms firm Total Ltd.
Total opposed the Youview trademark application and said that it registered its name around three years ago.
In court it was happy with the news. "The Your View trade mark has been registered since 20 November 2009, a fact that Youview were fully aware of when attempting to register Youview," said Paul Gordon, Partner at Willans LLP solicitors.
"Our client has done the right thing in defending a brand that is pivotal to their business and is legally theirs. We welcome the judge's ruling."
"We are delighted with the judgment. Yourview is a key differentiator for us and is a significant part of our business and future growth strategy, so it was absolutely imperative that we defended the trade mark that was granted to us in 2009," added the MD of Total, Stuart Baikie. "Our opposition to the Youview trade mark has been now been fully vindicated."
Over at Youview there is talk of rebellion, however, and a distinct lack of enthusiasm about choosing a new name.
"Youview has no intention of changing its name," said a spokesperson. "This matter is complex and subject to a number of on-going legal actions and will be settled in the courts." µ