TV platform YouView may have to change its name after the High Court ruled it had infringed another company’s trademark.
The High Court today ruled that YouView infringes a trademark owned by business broadband provider Total, which runs YourView – an online billing system.
Mr Justice Sales concluded that the YouView family of set-top boxes infringed Total’s trademarks, which could result in YouView having to pay damages as well as change its name.
‘We plan to appeal against the court’s decision, as we maintain there is no confusion between our consumer-facing TV service, YouView, and the business-to-business billing platform, YourView, provided by Total Ltd.’
Lorrin White, managing director of Total said: “As a growing business, Total has always taken the protection of its intellectual property rights very seriously. I am delighted that our determination – and considerable investment – in doing so has resulted in the Courts finding in our favour once again.”
Total secured the rights to the YourView name nearly a year before the YouView name was registered.
Last year YouView lost a High Court appeal against Total after the Hon. Mr Justice Floyd ruled that it was extremely difficult to tell the similarly-named but ultimately very different services apart.
YouView is a joint venture involving the UK’s public service broadcasters – BBC, ITV, Channel 4 and Channel Five – ISPs including BT and TalkTalk and infrastructure provider Arqiva. Previously chaired by The Apprentice’s Lord Sugar, the service lets customers watch free to air digital TV channels and easily dip into catch-up content thanks to an integrated programme guide.
YourView is an online billing portal used by subscribers to Total’s broadband, mobile and phone services.
A YouView spokesperson told Recombu: “We plan to appeal against the court’s decision, as we maintain there is no confusion between our consumer-facing TV service, YouView, and the business-to-business billing platform, Yourview, provided by Total Ltd.”
Total will now aim to prevent YouView from using the name ‘YouView’ in future, in addition to unspecified payment for legal costs and compensation, among other remedies. Should Total manage to win an injunction against YouView, it will almost certainly see the company have to rebrand.
Since launching in 2012, YouView hardware has arrived in over 1 million UK homes.