BSkyB wins PCCW Now TV challenge

November 8, 2012 11.19 Europe/London By Julian Clover

A High Court judge has thrown out a claim by Hong Kong-based telecom company PCCW that Sky’s Now TV infringes on its own trademark.

In his ruling Mr Justice Arnold said there had been no evidence of any actual confusion to date. “Would Sky’s use of the name NOW TV for its internet television service be likely to lead consumers who were familiar with UKB’s service to think that Sky’s service emanated from the same source or was connected with it?”

Justice Arnold also dismissed a claim for passing off.

Owned by Richard Li, PCCW launched its service in September 2003.

BSkyB had already faced a failed challenge to its brand from EMI, the record company responsible for the Now! That’s What I Call Music series and which has plans for a Now TV.