#YOUVIEW 2014 TV#

It has acted to protect its own legitimate interests in relation to the goods and services so specified, within the scope of the objective of the Directive and the Act. It has specified the goods and services in relation to which it claims the protection of its mark with reasonable clarity and precision. It has not acted in order to stymie YV's business plans or to oppress YV. Total acted in good faith to specify the relevant goods and services in relation to which it claimed protection, it intended to use its trade mark in relation to such goods and services and has done so. But in this case I am satisfied that the protection to be afforded in these proceedings to Total in relation to its registered 'Your View' trade mark is well within that contemplated by the Directive and the Act. No doubt there are potential dangers of this kind if excessive protective effect is given to a trade mark, and a Court should of course be careful to ensure that the protection to be afforded is properly within the scope of the Directive and the Act. Given these concerns and potential dangers, Mr Alexander submitted that the Court should be astute to limit the protection to be afforded to Total in respect of its registered trade mark in these proceedings.ДЎ13. He referred in particular to comments by Laddie J in Mercury Communications Ltd v Mercury Interactive (UK) Ltd FSR 850, at 863-865 by Jacob J in Laboratoire De La Mer Trade Marks FSR 51, at and by Aldous LJ in Thomson Holidays v Norwegian Cruise Line EWCA Civ 1828 RPC 32, at. Mr Alexander made general submissions regarding the potential dangers associated with grant of registered trade mark protection on an excessively wide basis, which would be likely to inhibit fair competition and adversely affect the proper operation of the market. The learned judge did not agree, concluding: YouView pinned its hopes on, among other things, the argument that the scope of Total's trade mark was overwide, since the goods and services for which it was registered were specified with insufficient specificity - a double whammy, considering that the mark was descriptive and non-distinctive in any case.

#YOUVIEW 2014 TV#

Anyone setting up a free-to-air and catch-up internet TV service called YouView might reasonably predict trade mark infringement proceedings, in the absence of some sort of coexistence agreement. There was always likely to be trouble, given that Total Ltd owned the earlier word mark YOUR VIEW, registered in 2009 for 'database programs and databases' (Class 9), 'provision of commercial business information by means of a computer database computerised database management compilation of information into a database' (Class 35) and 'providing access to computer databases telecommunication services' (Class 38). BT's fiber broadband packages start at 'up to 38 Mb,' meaning 'the majority of Infinity customers' shouldn't need to worry about the extra demand on bandwidth.Here's a bit of breaking news: today Mr Justice Sales, sitting in the Intellectual Property Enterprise Court, England and Wales, became the third person to break a bit of bad news to YouView TV concerning its catchy name when he gave judgment today in Total Limited v YouView TV Limited EWHC 1963 ( Ch). Also, because BT's TV service is purely internet-based, the company says you'll need a better-than 34 Mb connection to keep both boxes running smoothly. As for the small print, the Extra Box requires a 12-month commitment, and you can only have one.

You'll get all the same features and channels on the second box, with Sky Movies being the only channel pack that can't be replicated. Assuming you're already signed up with BT TV, a ВЈ99 one-off payment and ВЈ5 per month will buy you another YouView+ box for a different room. This has been available to Sky and Virgin Media customers for some time, and today BT is catching up by launching the imaginatively named 'Extra Box' subscription. Now, complicated setups and IR repeaters are almost unnecessary when you can just add another box to your TV subscription. You used to need special hardware to replicate the set-top box experience in another room.

Youview 2014