Earlier this month the hybrid TV project, chaired by Lord Sugar, lost a High Court appeal brought by the Gloucestershire telecoms firm.
Total claims YouView is in breach of the trademarks act because the PSB-telco TV venture is using the trademark, which is identical or similar to its own YOUR VIEW mark, for goods and services identical or similar to those offered by Total. The company says there is a likelihood of confusion between the two marks.
Total is seeking financial compensation from YouView as well as an injunction that would prevent YouView from continuing to use the brand.
“Despite the recent vindication of our position in the appeal proceedings we believe that YouView has continued to act without regard to our registered mark and business interests,” said Stuart Baikie, managing director, Total Ltd. “We have had no choice but to issue infringement proceedings and we are confident of success.”
A spokesperson for YouView told Broadband TV News: “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.”
Originally known as Project Canvas, YouView applied to use the YouView mark in lower case in April 2010. Total says it had registered the upper case YOURVIEW the previous November. Total continues to use the Your View name for its customer portal.