YouView facing injunction?

c cc c Member Posts: 413
edited 8 May 2017, 7:26PM in Archived Posts
YouView faces trademark injuction

The High Court has ruled that YouView infringes a trademark owned by Total, an independent telecommunications company based in the South West.

YouView TV Limited is a joint venture involving the major TV channels and broadband providers, to include the BBC, ITV, Channel 4, Channel 5, BT, TalkTalk and Arqiva and was previously chaired by Lord Sugar.

In a detailed 40 page judgment, Mr Justice Sales concluded that YouView’s set top boxes and TV service, currently marketed via TalkTalk and BT among others and in use by around 1 million homes across the country, infringed Total’s ‘Your View’ trade mark. YouView had tried to argue that the trade mark was invalid and that there was no infringement, but Mr Justice Sales disagreed and comprehensively dismissed YouView’s arguments.

Total will now be seeking an injunction against YouView to prevent any further use of the name ‘YouView’, together with financial payment and legal costs, among other remedies.

Mr Justice Sales’ judgment is yet another defeat for YouView following its previous unsuccessful attempt to register the ‘YouView’ trade mark for set top box software and hardware. Total successfully opposed the YouView trade mark before the UK Intellectual Property Office. YouView’s appeal was then rejected by another High Court judge, Mr Justice Floyd.

Total was represented by Paul Gordon at Willans LLP, a full-service law firm based in Cheltenham specialising in commercial disputes. He commented: “This is the most significant of the three wins that Total has obtained over YouView. I think Total has shown great courage and principle in pursuing YouView to trial. Total’s rights were plainly infringed and it had to stand firm against a much larger and better-funded opponent. The judgment of Mr Justice Sales has vindicated Total’s position. It shows that the Courts of this country will protect parties against businesses such as YouView who infringe intellectual property rights. YouView were made well aware of Total’s rights before they launched the service under the infringing name yet they chose to launch it under that name regardless.”
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Comments

  • Michael GMichael G Member Posts: 876
    edited 25 February 2017, 8:03PM
    "On Monday, Mr Justice Sales ruled that the convergence of the telecoms and TV industry - as demonstrated by YouView's backers - risked a "strong likelihood of confusion on the part of the public".". 

    If I've been looking once for Total's YourView business billing service and instead got YouView, I've done it a hundred times.

    Not.
  • c cc c Member Posts: 413
    edited 9 July 2014, 11:05PM
    Michael G said:

    "On Monday, Mr Justice Sales ruled that the convergence of the telecoms and TV industry - as demonstrated by YouView's backers - risked a "strong likelihood of confusion on the part of the public".". 

    If I've been looking once for Total's YourView business billing service and instead got YouView, I've done it a hundred times.

    Not.

    It does seem unlikely that this is really going to be enforced.
  • SanjSanj Member Posts: 1,644 ✭✭✭✭✭
    edited 6 March 2017, 9:36AM
    Hi all,

    We would like to let you know that 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.
  • John5John5 Member Posts: 41
    edited 16 June 2014, 4:48PM
    Sanj said:

    Hi all,

    We would like to let you know that 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.

    Well I think anyone who would confuse using a business to business billing platform with watching the youview television platform probably shouldn't be running a business....
  • RoyRoy Member, Super User Posts: 16,387 ✭✭✭
    edited 6 March 2017, 9:48PM
    Total? Isn't that a chain of petrol stations?
    Back to my usual level of bafflement, then...
  • Michael GMichael G Member Posts: 876
    edited 25 February 2017, 8:03PM
    Yep. But someone else. As is Tootal. But no problems there. Apparently.
  • scottscott Member, Super User Posts: 2,101 ✭✭✭
    edited 6 March 2017, 7:32AM

    But why would anyone rule it is an infringement..they are two different words 'youview' 'yourview' surely thats like saying you can't call a company BA because its like BP (bet you thought I was going to say BT didn't you :) )

    I would have thought they would be happy, like these people that register host names that are close to big names just so they might get people going there by mistake :)

  • alal Member, Super User Posts: 1,312 ✭✭✭
    edited 5 March 2017, 1:28PM
    I googled Total and got about 300 petrol logos and one greek yoghurt. I guess their core income is not from telecoms. Googling Yourview brings up so many other companies that must be on their radar too.
  • c cc c Member Posts: 413
    edited 9 July 2014, 11:05PM
    al said:

    I googled Total and got about 300 petrol logos and one greek yoghurt. I guess their core income is not from telecoms. Googling Yourview brings up so many other companies that must be on their radar too.

    You didn't get toothpaste? :-)
  • Michael GMichael G Member Posts: 876
    edited 25 February 2017, 8:03PM
    I wonder if selling telecom services to businesses isn't as profitable as suing businesses.
  • VisionmanVisionman Member, Super User Posts: 9,961 ✭✭✭
    edited 26 February 2017, 1:39PM
    Sky wanted to sue Skype once. Because its trademark included the letters S-K-Y. They were laughed at by everyone and didn't pursue it. Now wheres my billing service box?
    I'm now happy with the disagree icon, because its gone.
  • Peter JacksonPeter Jackson Member Posts: 62
    edited 8 May 2017, 7:26PM
    I wonder what forum software these Total people use? Perhaps we could all migrate on to their platform. .. Maybe they have some catch up services that don't randomly grind to a halt too... I'm seeing quite a few upsides....
  • edited 8 May 2017, 7:26PM
    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

  • edited 25 February 2017, 8:03PM

  • RoyRoy Member, Super User Posts: 16,387 ✭✭✭
    edited 6 March 2017, 9:48PM
    Total had better sue Harrods next....

    https://yourview.harrods.com/hzvl/Por...
    Back to my usual level of bafflement, then...
  • VisionmanVisionman Member, Super User Posts: 9,961 ✭✭✭
    edited 21 December 2016, 11:05PM
    Roy1 said:

    Total had better sue Harrods next....

    https://yourview.harrods.com/hzvl/Por...


    I'm now happy with the disagree icon, because its gone.
  • Peter JacksonPeter Jackson Member Posts: 62
    edited 16 June 2014, 6:38PM
    gwatuk said:

    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

    Might be a better use of time than spending it with lawyers..
    But I fear that we won't be able to resist choosing names that YouView - the catch up TV and PVR provider - find unacceptable.
  • RoyRoy Member, Super User Posts: 16,387 ✭✭✭
    edited 6 March 2017, 9:48PM
    Here are Total's palatial and extraordinarily impressive 296 High Street offices in Cheltenham:-
    http://www.instantstreetview.com/2ojo...
    Can you find them?
    Hint: the 'John Ryde under offer' Furniture Recycling building is 294.
    Can you find 296?
    Second hint: it's to the left of both the public conveniences and the black and white home of the Cheltenham Bowling Club.
    Third hint: it says 'Total' outside it.
    And for extra credit: How many other businesses have their offices at 296?
    Back to my usual level of bafflement, then...
  • Michael GMichael G Member Posts: 876
    edited 21 December 2016, 11:29AM

    I wonder what forum software these Total people use? Perhaps we could all migrate on to their platform. .. Maybe they have some catch up services that don't randomly grind to a halt too... I'm seeing quite a few upsides....

    You could always send them your BT landline money?

    Oh, I was confused, yer lordship ;-)
  • c cc c Member Posts: 413
    edited 9 July 2014, 11:05PM
    gwatuk said:

    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

    YesterView: the Box that Turns Back Time...
  • Michael GMichael G Member Posts: 876
    edited 21 December 2016, 11:29AM
    gwatuk said:


    Damn. I hate it when someone thinks of the same joke, but well before me, and delivers it SO much better ;-)
  • RoyRoy Member, Super User Posts: 16,387 ✭✭✭
    edited 7 December 2016, 7:39AM
    gwatuk said:

    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

    SueView?
    Back to my usual level of bafflement, then...
  • VisionmanVisionman Member, Super User Posts: 9,961 ✭✭✭
    edited 21 December 2016, 11:05PM
    gwatuk said:

    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

    EweView? Well, you did all sort out Shaun the Sheep.  
    I'm now happy with the disagree icon, because its gone.
  • RoyRoy Member, Super User Posts: 16,387 ✭✭✭
    edited 7 December 2016, 7:39AM
    gwatuk said:

    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

    https://community.youview.com/youview...
    Back to my usual level of bafflement, then...
  • VisionmanVisionman Member, Super User Posts: 9,961 ✭✭✭
    edited 21 December 2016, 11:05PM
    gwatuk said:

    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

    Sadly. I am a plagiarist. Credit goes to you for the above.
    I'm now happy with the disagree icon, because its gone.
  • KeithKeith Member, Super User Posts: 2,442 ✭✭✭
    edited 4 March 2017, 9:29AM
    Catching up on this thread gave me a real feeling of deja vu, but then I suppose YouView is all about being able to see things that have already been aired :)

    See this old thread (from November 2012) for the last time this naming issue came up and the suggestions for new names back then :)



  • tghe-retfordtghe-retford Member Posts: 12
    edited 6 March 2017, 9:48PM
    What is the likely knock-on effects for consumers if the appeal to be lodged were to fail? The "amongst other remedies" is a bit concerning and probably suggests a mere name change and payments won't be enough. I can't imagine BT or TalkTalk would allow any legal recourse which adversely affected their whole pay TV strategy.
  • RoyRoy Member, Super User Posts: 16,387 ✭✭✭
    edited 7 December 2016, 7:39AM
    gwatuk said:

    (Just to be on the safe side) I propose that the assembled intellectual skills of this forum should focus on proposing a new name.

    Worry not. I won't sue... :-)
    Back to my usual level of bafflement, then...
  • c cc c Member Posts: 413
    edited 9 July 2014, 11:05PM

    What is the likely knock-on effects for consumers if the appeal to be lodged were to fail? The "amongst other remedies" is a bit concerning and probably suggests a mere name change and payments won't be enough. I can't imagine BT or TalkTalk would allow any legal recourse which adversely affected their whole pay TV strategy.

    YouView will just have to make them an offer they can't refuse.
  • RoyRoy Member, Super User Posts: 16,387 ✭✭✭
    edited 7 December 2016, 7:39AM

    What is the likely knock-on effects for consumers if the appeal to be lodged were to fail? The "amongst other remedies" is a bit concerning and probably suggests a mere name change and payments won't be enough. I can't imagine BT or TalkTalk would allow any legal recourse which adversely affected their whole pay TV strategy.

    YouView are greenmailed into buying Total out of petty cash, extract the IPR for YourView, and sell the broken husk, if they can be bothered, for chump change to the highest bidder.
    Back to my usual level of bafflement, then...
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