Germany

[DE] BSkyB obtains Interim Injunction in Dispute concerning “Premiere Sky”

IRIS 2007-7:1/15

Harald Evers

Institute of European Media Law (EMR), Saarbrücken/Brussels

According to press reports, in response to an application by the television broadcasting group BSkyB, the Landgericht Berlin (Berlin District Court) issued an interim injunction on 6 June 2007 prohibiting the broadcaster Premiere from either using the word “Sky” as part of the “Premiere Sky” satellite TV package that it has announced or as part of the name of the subsidiary company that operates the package (Premiere Sky GmbH), due to the risk of confusion, and pending a decision on the merits of the case. The same applies to the distribution of programmes in Germany and Austria.

BSkyB has had the “Sky” brand protected in Europe for its TV business. Premiere intends to appeal against this decision of the Landgericht Berlin on the grounds that “Sky” is a general term and therefore, despite the existence of the registered trademark, cannot be protected. As an alternative, however, the company is considering other names for the new product.