Sky no longer falling: the word “sky” is once again safe to use in Great Britain
The much anticipated release of the game “No Man’s Sky” can proceed now without further delay as British Sky TV owners have settled their trademark lawsuit against the game company.
Could this happen in the United States? Just like everything else in business, trademark law is becoming globalized. Of course, lawyers can’t just say “globalization” – they need their own fancy term which is called “harmonization”. The International Trademark Association has posted a nice overview of what is supposed to happen to “generic” words. Simply put, they are not supposed to be given trademark value. But as is often in legal areas stemming from British common law, there are exceptions to exceptions to exceptions.
It is always recommended that business owners consult with an experienced trademark attorney before really investing in any brand name, service name or trademark. A few thousand dollars can save months and years of legal aggravation over what should be “free” as the “sky” above.