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back to article Alan Sugar's YouView loses brand judgment in court

Lord Sugar's net-based TV service YouView lost a High Court appeal over the use of its brand name late last week. The trademark scuffle with little-known telco Total Ltd, which is based in Gloucestershire, could yet force YouView to limit use of its brand. The service, which is basically "iPlayer in hardware" is backed by some …

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WTF?

What?

No YouSue pun?

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Anonymous Coward

Wouldn't like

To be an apprentice now!

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I have not been paying attention

Is this the result from an Apprentice ?

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Stop

Re: I have not been paying attention

No, not the result of an Apprentice - it's a Lord Sugar company.

YourView is just a call reporting portal for Total's hosted telecoms business, I doubt many people are going to confuse that for a catchup TV service.

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Re: I have not been paying attention

Maybe they're not exactly the same, but there is still a fuzzy overlap and the potential for their brand to be cast into shadow. I personally can't believe Microsoft were thick enough to call their remote management suite "SMS". It may be in a different technical domain from text messages, but it didn't mean there wasn't room for confusion. Just try explaining to the non-techie manager that you're going to upgrade the software via SMS. Go on -- I dare you.

So there is the potential for incidental brand damage, even though they're not in direct competition....

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"YouView has no intention of changing its name. This matter is complex and subject to a number of on-going legal actions and will be settled in the courts."

In other words, let's see who has the deepest pockets.

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FAIL

Different biz

They're not both in the same business.

I can see why YouView aren't bovvered. There's little chance of confusion and the benefit would all be in favour of Total Ltd anyway. I think the legal action is just about publicity.

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Or

who has the dodgiest handshake...

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As long as Total Ltd keeps winning, they have!

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From what I've read on their site, this YourView system seems to be a vaguely specified internal system for their clients so would have to agree it's not likely to cause any serious confusion to the clients or the public, most of whom won't even see it. Presumably the only similarity is it involves in some way looking at a screen?

Whether that makes it legally right is another matter, although I really do wonder why if it's not public facing, they bothered to trademark YourView.

Reading between the lines on their site they also hinted that it was very integrated into everything they do, which I can't help but think means "we've got it as a header on web pages" and might just possibly be an angle to say to YouView later on - well if you pay us X we'll go through the huge hassle of changing the name in a few places and changing the logo. Perhaps I'm being too cynical?

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YouTube

When I first heard the name "YouView" I assumed it was something to do with YouTube. Aren't they complaining too?

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So taking a leaf from Apple they should change it to uView

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Thumb Up

I actually think that a good idea, and far more 2012.

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Happy

Nonono! Surely Apple now owns ALL small case vowels and are probably working on 'y' and 'w' just for good measure. Then they can more easily go after the entire damn alphabet.

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MJI
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Apple are integers

Using Hungarian notation

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Joke

be careful

I do hope that their logo doesn't have rounded corners or they could be on the wrong end of an Apple law suit

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alan sugar huh?

When Sky bought armstrad why didnt they have a no compition clause? Wierd.

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Anonymous Coward

Re: alan sugar huh?

Probably because Alan Sugar isn't a very good businessman on the whole. He failed in the Windows compatible computer market, he failed with the emailer. The set top box business was his only long standing success and he sold that.

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Re: alan sugar huh?

Alan Sugar has been hugely successful at selling the brand: "Alan Sugar".

Labour loved him. They made him a Lord, they gave him a job in Government. I even suspect one of the then Cabinet gave him a blowjob.

As to anything other than the brand "Alan Sugar", success is an orphan to him.

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pig

Re: alan sugar huh?

Failed?

He made a lot of money with Amstrad, and also the eMailer.

By my reconing if you can turn a profit from a godawful product like the eMailer you can't be that "bad" at business.

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Spelling

Let's see .... y o u v i e w ... no "r". ..... y o u r v i e w .... has an "r" in it

I''m more confused as to how the court thought these were "too similar" than any confusion that can be brought on by TWO DIFFERENT WORDS

Hang on .... what about "you're view" and let's get into There Their andThey're while we're at it .... despair

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Re: Spelling

I fail to see what grammatical accuracies of the English language has to do with the Law of Trademarks in England and Wales.

Perhaps you've missed your calling and should be drafting statutes, not posting on Tech forums.

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Re: Spelling

If the trademarks were the same there might some room for discussion.

Perhaps you've missed your calling and should be dafting statues not posing on Tech forms.

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Anonymous Coward

Re: Spelling

If the arguments you are having weren't the same, there might some room for discussion.

Perhaps you've missed your calling and should both be staggering around a taxi rank, hitting each other with handbags and not pissing on each other on Tech forums.

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FAIL

"The set top box business was his only long standing success..."

...er.... didn't they make the RUBBISH Sky+ box which keeps throwing a wobbly and crashes if it rains?

I was wondering about these YouView boxes, but if they are Amstrad produced, Alan Sugar can keep them!

I will wait till Samsung bring out something equivalent.

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Amstrad-free

The boxes are produced by Humax and Huawei, Sugar is only there as a chairman not for any hardware "expertise"

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Myview on yourview

They care so much about yourview that they haven't registered http://www.yourview.co.uk/

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Anonymous Coward

Myview on yourview

Well let's hear YourView on this....no wait, damn i've been sued

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