Rupert Murdoch claims to own the 'Sky' in 'Skype'
Tuesday 10 August 2010
Latest in Online
Related articles
On Facebook
From the blogs
GCSEs are a pointless waste of time
A few facts. Last year almost 70% of 16 year olds achieved at least 5 GCSE passes with grades A*-C. ...
Asylum seekers: When the questions tell us so much more than the answers
For the last four years I've been paying my karmic dues (I would say "contributing to the big societ...
Thanks to The Sun, for enriching each of our lives
Those at the super-soaraway Sun are, yet again, making outlandish claims that they’ve changed the wo...
Ones to watch: Aiden Grimshaw to Hey Sholay
With so much new music coming out it’s difficult to keep track of what’s out there. It’s a lucky dip...
Rupert Murdoch’s BSkyB is fighting a legal battle with the internet telecommunications pioneer Skype, claiming that it owns the “Sky” in “Skype”.
Skype yesterday announced that it plans to float on the Nasdaq stock exchange in New York. BSkyB’s legal challenge to Skype using its name within the EU was revealed in the 250-page document announcing the intended flotation.
Skype notes that its applications “in respect of the Skype name are being opposed by BSkyB plc”.
The company says that it has won the right to use its name in Switzerland, Turkey and Brazil, but that the European Union has ruled against it. Skype intends to appeal the decision “if necessary to the General Court at the Court of Justice of the European Community”.
If defeated in court, the company could be barred from trading under its own name if it is found to be in competition with Sky. The two companies operate in the field of telephony and could, therefore, be considered competitors, leading to possible confusion in the market-place.
The Name Inspector, a company name analyst blog, told paidContent:UK: “On the Skype forum, an employee reveals that the name was derived from the expression sky peer-to-peer.
“Some people might interpret Skype as a more conventional blend of sky with something that rhymes with Skype, like hype–or pipe, ripe, type, wipe.”
A spokesman for Sky confirmed that the company has been involved in a “five-year dispute with Skype” over trademark applications filed by the telecomms company. These are, the spokesman added: “including, but not limited to, television-related goods and services.
“The key contention in the dispute is that the brands ‘Sky’ and ‘Skype’ will be considered confusingly similar by members of the public. This was supported by consumer research conducted by Sky, and which was taken into account by the relevant authorities when they recently found in Sky’s favour.
Sky pointed out that, at this stage it has not brought any proceedings for trade mark infringement against Skype and its action is aimed at seeking assurances that Skype will not register trademarks in areas where it would come into competition with Sky.
In the document, filed earlier this week, Skype noted that, if it were unsuccessful in registering its trademark, it “may have a material adverse effect on our business. Moreover, a successful opposition to our application in one or more countries might encourage BSkyB or other third parties to make additional oppositions or commence trademark infringement proceedings.”
The document also carried the warning that, if BSkyB were to pursue litigation, the defence could be “costly and time consuming even if we were ultimately to prevail.
“If we were not ultimately to prevail in any such litigation to prevent our use of the Skype name or logo, we could be precluded from using the Skype name or logo in one or more jurisdictions without obtaining a license from BSkyB or such other third parties, which license may not be available on commercially reasonable terms or at all, which could have a material adverse effect on our business.”
This newspaper reported yesterday that Skype, formerly owned by eBay, has 560 million registered users, and has logged 95 billion minutes of voice and video calls in the first half of 2010.
It was bought by a consortium led by Silicon Valley venture capitalists Silver Lake with Andreessen Horowitz, a fund which was set up by the web browser pioneer Marc Andreessen.
A spokesman from Skype was unavailable for further comment yesterday.
- 1 Brazil rocked by abortion for 9-year-old rape victim
- 2 Osborne gets fingers burnt as pasty tax crumbles
- 3 News in pictures
- 4 Four Britons face death by firing squad after 'smuggling cocaine into Bali'
- 5 The 'suburban smuggler' facing death penalty in Indonesia
- 6 Vatileaks: Hunt is on to find Vatican moles
- 7 In pictures: The bewildering face of China
- 8 Help me decide future of press, Leveson asks Blair
- 9 World scrambles to prepare for collapse of the eurozone
- 10 Hague sent packing by Russia as Annan peace plan crumbles
- 1 Robert Fisk: Clinton's $33m raid on Pakistan shows that, in the end, hypocrisy will win
- 2 Brazil rocked by abortion for 9-year-old rape victim
- 3 Brilliant pupil's 'logical' suicide
- 4 Robert Fisk: The West is horrified by children's slaughter now. Soon we'll forget
- 5 Sex in dressing rooms and Play School presenters 'stoned out of their minds' - inside BBC Television Centre
- 6 'Hello mum, this is going to be hard for you to read ...'
- 7 Alien: The monster returns?
- 8 UN condemns Syria after massacre of civilians
- 9 Coke reveals its secret: It may need to carry a cancer warning
- 10 French in uproar over oral sex anti-smoking posters
Experience the Heineken Hub
Get free wi-fi and exclusive i content while you enjoy a tasty pint of Heineken at participating pubs.
Can you imagine a career in teaching?
Be inspired to teach - let real teachers show you how rewarding the job can be.
Playing a game-changing role during the Games
Cisco is providing the solutions for London 2012's complex IT needs.
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Career Services
Day In a Page
'I may be deaf, but you can still talk to me'



Comments