Microsoft’s SkyDrive suffers legal defeat in the UK and EU

Microsoft’s SkyDrive suffers legal defeat in the UK and EU
British judge Sarah Asplin ruled that evidence “revealed confusion amongst real people” regarding Microsoft’s SkyDrive service, causing people to call BSkyB’s helpline to get assistance with the product. As a result, Mrs. Asplin ruled that Microsoft did infringe on the “Sky” trademark.

Now, the judge must decide if Microsoft will be punished with a fine or by requiring a change in the name of the service. Microsoft tried to argue that the work “sky” was descriptive that it relates to clouds and thus cloud storage.

BSkyB sued Microsoft in the UK and EU asserting that people were confused between the news service Sky, and SkyDrive. While the tech minded among us cannot imagine that people could confuse the two, it seems some folks are indeed getting confused. Documents from the case recorded a number of incidents of people contacting Sky when they needed assistance with SkyDrive. Users were also apparently confused by Hotmail’s method to reference SkyDrive for creating attachments to emails.

Apparently, even some of Sky’s own call centers had some confusion, with nearly dozen call agents responding that they had heard of SkyDrive thought it was a service associated with Sky.

Do not expect this story to end, Microsoft is appealing the case and by the time both parties are done suing each other, people should be well enough confused at that point where it will not matter what anything is called.

sources: The Register via All About Windows Phone

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20 Comments

2. VZWuser76

Posts: 4974; Member since: Mar 04, 2010

Microsoft Cloud Drive. Simple, wouldn't have infringed, and it has cloud in the name rather than something associated with clouds (sky).

3. smallworld

Posts: 517; Member since: Jul 13, 2012

"Microsoft’s SkyDrive suffers legal defeat in the UK and EU" - as if UK wasn't in the EU -_-

4. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Last check UK is not in EU.

10. smallworld

Posts: 517; Member since: Jul 13, 2012

It is.

7. Maxwell.R

Posts: 218; Member since: Sep 20, 2012

Well, you're right to a point, but the UK kept its currency and remains about as "apart from" as anyone could act. While it has representation in the EU, there does not appear to be much interest in expanding its role.

20. chocolatebear76

Posts: 123; Member since: Mar 03, 2011

@ Maxwell,just admit you got the UK - EU thing wrong,don't confuse the euro zone which uses the Euro currency and other EU members who opt to keep their local currency but still in EU eg: Sweden Denmark UK and presumably Cech republic they're all the 28 EU member states

21. DKJnr

Posts: 24; Member since: Mar 11, 2013

I thought UK is member of EU but not EMU?

5. papss unregistered

Now this is just silly... What next? Let's ban all real words fro. Being used in any product.. Skydrive will now be called fgsjdufnjr

6. papss unregistered

Now this is just silly... What next? Let's ban all real words from Being used in any product.. Skydrive will now be called fgsjdufnjr

8. Whodaboss

Posts: 176; Member since: Nov 18, 2011

I see the UK education system is broken too. How the heck does one confuse "Skydrive" with "BSkyB"? Please tell me how? Oh, I see... the both have the word Sky. What's even funnier as I look on this site I see the advertising for "edX". I was so confused that I called them to find out how much it would cost to ship my package. They told me they are "edX" not "fedX". You can't make this stuff up. Lol!

9. -box-

Posts: 3991; Member since: Jan 04, 2012

SkyActiv, Skyline, Sky, Skype... This ruling is junk. If they have to rename it, maybe Online Storage, Cloud Safe, Virtual Safe, etc etc

13. zennacko unregistered

The same dumb people that thinks SkyDrive is something related to Sky, will think that Virtual Safe is an online bank or a means to get their precious stuff and money safe on the net... suddenly every brand name became misleading to some people >_< Why not sue HTC for the misleading "One" smartphone then?

11. Genersis

Posts: 219; Member since: May 29, 2013

Hard to believe. Must the word "Sky" be omitted in all services and products? I don't see how this is Microsoft's fault, and not the few ignorant users.

12. zennacko unregistered

What's next? People suing Will Smith and 20th Century Fox et al. just because they thought the movie "I, Robot" was made by Apple, because of the "I"? Come on! SkyDrive can be found only on Microsoft's domains, and stuff, not on Sky (news, TV, whatever) things >_

14. kushki

Posts: 49; Member since: Nov 19, 2012

Are they that dumb? Do they go to a local farmer when their Apple iPhone behave strange?

17. Antonyjoseph

Posts: 217; Member since: Apr 06, 2013

Man, thats a good one. Couldn't help laughing.

19. SonyXperiaNexus

Posts: 374; Member since: Oct 01, 2012

lol, i see what you did there...

22. applesauce

Posts: 165; Member since: Aug 26, 2012

16. pongkie

Posts: 663; Member since: Aug 20, 2011

skynet is in trouble bring out the terminator

18. Antonyjoseph

Posts: 217; Member since: Apr 06, 2013

The British public is dumb, but the judge seems to be dumber.

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