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EU Trade Mark Court Maintains Sky’s Pan-EU Injunction – SKYWORTH branded televisions found to infringe Sky’s brand


On 1 September 2017 the Commercial Court in Alicante, Spain, granted Sky a preliminary injunction prohibiting the offering, advertising and promotion of SKYWORTH branded televisions by the Defendant, SKW Skyworth Europe S.A., across the entire EU. In the decision, the judge acknowledged the reputation and distinctiveness of the Sky brand in Europe and found the use of the SKYWORTH brand for televisions was likely to cause consumer confusion and damage to Sky’s brand.

On 5 October 2018, and following the main hearing in February 2018 the Court reaffirmed the infringement, and the well-known status of the Sky brand and injuncted the Defendant from use of the SKYWORTH trade mark for hardware and broadcasting and telecommunication services. Sky was also awarded damages including reputational damages.

Brett Shelton, Head of International Intellectual Property, Sky International AG Comments: “Sky’s brand is core to our business and we are committed to protecting its value. This successful action is another indication of the strength of our brand and our determination to protect Sky’s intellectual property rights.”

About Sky

With 23 million customers across seven countries, Sky is Europe’s leading media and entertainment company and is proud to be part of the Comcast group.

We have 31,000 colleagues and together we want to connect our customers to more of what they love, including our award-winning original productions, like Patrick Melrose and Save Me, and great shows from our partners including HBO, Showtime and Warner Bros. And our ever improving technology makes it even easier for customers to watch more of the shows they love with personalised recommendations and voice control and, our online streaming service, NOW TV, brings all the enjoyment of Sky with the flexibility of a contract free service.

We treat our customers better than anyone else in our field, as Ofcom’s complaints data shows, and we look after our staff too. Sky is one of The Times Top 50 employers for women and we’re in Stonewall’s list of Top 50 LGBT-Inclusive employers.

We also use our position as the leading entertainment business in Europe to do the right thing. As part of Sky Ocean Rescue campaign we’re committing to be completely single-use plastic free by 2020, we’re investing £25million over five years in ocean-saving tech and we’re supporting the WWF to protect our oceans with designated Marine Protected Areas.

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