Livescribe v BSkyB was one of the stranger trademark battles we've seen recently, because the two companies operate in such different spheres -- one makes smartpens, the other runs TV and internet services. Nevertheless, the English High Court has now ruled in favor of BSkyB, forcing Livescribe to recall all stock bearing the offending three-letter word and to re-baptize its "Sky wifi smartpen" simply as the "wifi smartpen". Suddenly, the packaging left over from our review of the device just feels so naughty.
Joint statement from BSkyB and Livescribe
15th February 2013
British Sky Broadcasting Group plc ("Sky") and Livescribe, Inc. ("Livescribe") have today announced the settlement of trade mark infringement proceedings in the European Union brought by Sky against Livescribe in the English High Court in relation to the sale in the EU of a range of wireless smartpens under the trade mark Sky.
In the settlement, Livescribe has accepted judgment against it in respect of infringement of Sky's trade mark rights and has undertaken to respect Sky's trade mark rights in the Sky brand. Livescribe will rebrand the product as the "Livescribe wifi smartpen" with effect from 1 March 2013 and has recalled a quantity of stock bearing the Sky trade mark. To mitigate against disruption to Livescribe's business, Sky has agreed to allow Livescribe limited rights to sell-off existing stock already in the market in the EU, prior to the rebrand.
Sky said: "We are pleased to have reached a settlement with Livescribe after Livescribe agreed not to contest Sky's court action. We will remain vigilant in protecting the Sky brand and will continue to take appropriate action against those companies who seek to use our trade mark without consent."
Livescribe said: "While Livescribe does not offer any goods or services similar to those of Sky and had no intention of infringing Sky's rights, Livescribe is pleased to reach a settlement with British Sky Broadcasting. We moved quickly to settle and look forward to launching the rebranded product as the "Livescribe wifi smartpen" in the European Union on March 1, 2013."