Sky vs. Skype – Skype Not Ready to Alter/Change its Logo
Looks like Sky and Skype have some serious issues going on within themselves; the two companies have been against each other since forever now. Although Sky has won the second round in the battle for logo similarity, Skype has decided to reach out to the European Court of Justice.
Sky registered their logo with EU’s trademark back in 2003 for online products and audiovisuals; however, Skype registered with them in 2004-2005. Sky filed a complaint with Office for Harmonization in the Internal Market (OHIM) that backed Sky and said that Skype’s logo has ‘visual, phonetic and conceptual’ similarity with Sky’s logo.
However Skype challenged the decision and took the matter to EU’s General Court, where Luxembourg-based judges once again backed Sky and said that their complaint remains valid and that Skype must alter its logo.
The court revealed that there is a massive chance that general people will get confused between the two brands. As the word ‘Sky’ appears in ‘Skype’ and the cloud used around Skype’s logo connote sky and establishes association.
“The existence of a likelihood of confusion was confirmed, for the relevant public in the United Kingdom, even taking into account a higher level of attention on the part of the relevant public.” – Office for Harmonisation in the Internal Market (OHIM)
Microsoft is taking the case to European Court of Justice, however after this last step they won’t be left with any other option but to agree to what the court decides.
“We’re confident no confusion exists between these brands and services. This decision does not require us to alter product names in any way,” says Microsoft’s spokesperson.