Anyone with young children (and especially boys) will know Stump Smash, Stealth Elf and Tree Rex. These are some of the Skylanders, characters from the popular Skylander games. Each character has special skills and powers and fights against enemies like Golden Queen and Kaos. Recently, Skylanders had a fight with SKY, the trademark SKY of Sky plc, a satellite network in England. Sky plc is quite known for its aggressive defense of its marks as it seems to object every trademark including the element SKY. For example SKYPE did have some encounters which led to the rejection of this trademark in the European Union (see our earlier post). Sky plc filed an opposition against the latest application SKYLANDERS. SKY against SKYLANDERS, you might think that the length of the trademarks would create some distance. Still, the EUIPO rules in favor of Sky plc. The emphasis lies at the beginning of the marks, especially as SKYLANDERS will be perceived as SKY LANDERS. This results in a visual resemblance. So, the Skylanders have to come up with new weapons to defeat this enemy.
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