UK’s BSkyB (Sky) has won a high court case against Hong Kong’s PCCW regarding its use of the name NOW TV for its new OTT service.
PCCW, which operates the pay-TV service now TV in Hong Kong, had filed a complaint against Sky in April this year about the use of three signs by the company to designate their internet television service: first, the sign “NOW TV”; second, the sign “NOWTV.com”; and third, the following logo:
PCCW claimed that the use of that name infringes Community Trade Mark No. 4504891 (the CTM) and amounts to passing off. Counsel for PCCW also submitted that there was some indirect evidence of confusion. Sky denied infringement and counterclaim for a declaration that the CTM is invalid.
The Honourable Mr. Justice Arnold, who presided over the case, found that there had been no evidence of any actual confusion to date. He wrote in his ruling:
“i) The CTM is invalid under Article 7(1)(c), alternatively Article 7(1)(b), of the CTM Regulation.
ii) Even if the CTM is valid, Sky have not infringed it.
iii) If the CTM were valid and Sky’s use was within Article 9(1)(b) of the CTM Regulation, Sky would not have a defence under Article 12(b).
iv) PCCW’s claims for passing off fail.”