The High Court has upheld a claim by Sky for infringement of its UK and Community trade marks for “Sky” by Microsoft in its SkyDrive cloud storage service. It was held that the average consumer would make a link such that the SkyDrive mark called to mind the Sky mark, or think that SkyDrive was in some way economically linked to Sky. Another key factor in the court’s decision was the fact that Sky had recorded 17 instances of customers having contacted Sky’s helpline because they had assumed that the service had been offered by Sky. The court rejected Microsoft’s counterclaim for invalidity, which had been based on the argument that consumers would interpret the word “sky” to have been a reference to cloud computing.
For the full text of the decision, please click here