Alki Davids FilmOn Is Suing Barry Dillers reo
08/02/2013
Barry Diller.
The Shakespearean legal war over digital television has taken another step towards the preternatural.
Alki Davids FilmOn has filed a new lawsuit in California federal court against Aereo, the upstart company funded in large part byBarry Diller.
Both companies capture the signals of TV broadcasters like CBS, NBC, ABC and Fox and deliver them to subscribers online. Both enterprises have been defending lawsuits against those same broadcasters. Naturally, theres a rivalry between the would-be digital TV titans, which has born some odd triangular litigation.
On Thursday, FilmOn claimed rights to Aero, and that Aereo has taken a moniker thats confusingly similar. The new lawsuit comes six months after David was sued after attempting toredubhis own service asBarryDriller.com and AereoKiller.
The basis for the lawsuit filed on Thursday comes from the allegation that months before Bamboon Labs changed its name to Aereo, FilmOn already had a hold on Aero.
Specifically, Davids company says that it had been distributing a portable mini-television antenna product for Windows equipped computers called WinTV-Aero-m. The product was manufactured by Hauppauge Computer Works, which consented to FilmOns use of Aero. The complaint adds that on Wednesday -- a day before the lawsuit was filed -- Hauppauge assigned in writing to FilmOn the rights to the trademark Aero.
Seeking to unfairly capitalize on the success of WinTV-Aero-m and the name Aero, Defendant Aereo devised a scheme to start a competing business, says the lawsuit alleging false designation of origin under the Lanham Act.
Read the full complaint here.
The lawsuit represents a specialty of theeccentric Alki David-- revenge litigation. After he was sued by the broadcasters, for instance, he turned around andfiled a lawsuit against CBSfor facilitating piracy.
Davids latest legal jab follows the same pattern. In August,Barry Diller sued over BarryDriller.comand AereoKiller, alleging that his own name was being exploited and that FilmOn was unfairly attempting to associate its services with Dillers.
The irony is that while both of these companies sue each other, they have things in common beyond any name-calling.
The major networks believe that both Aereo and FilmOn commit massive infringement by violating the transmit clause of the U.S. Copyright Act.
Aereo has been more lucky on this front,defeating a requested injunctionas the dispute isnow under appeal.
As for FilmOn, a California judge recently agreed to grant broadcasters motion for a preliminary injunction, although it was with the caveat that it applied only within the geographical boundaries of the United States Court of Appeals for the Ninth Circuit -- meaning much of the Northwest. Also on Thursday, the ruling was appealed.
As FilmOn fights for its survival in the Ninth Circuit and Aereo fights in the Second Circuit -- and battle each other in the midst -- the possibility exists for split rulings, whichcould set up a Supreme Court showdownover the future of TV streaming.
For now, David says that despite the recent injunction ruling, his service is doing well, offering the major TV networks in seven major cities in the U.S. And if all that hasnt sufficiently reached the heights of 21st century legal bizarre, David has also announced that his own TV stations have recently reached a distribution deal with Dish Network, the same satellite TV company that is also in the midst of a copyright war with broadcasters.
Personally I blame the lawyers, he says. If it were not for their insatiable desire to create billable controversy we would not be in the situation where I have to spend my time and resources to punish them.
LINK: | http://www.filmon.com/corp/en/news/alki-davids-filmon-is-suing-barry-d... |
See more stories from filmon |
Most recent headlines
04/08/2024
Dalet Appoints Santiago Solanas as CEO to Lead Next Era of Growth and Innovation
Dalet, a leading technology and service provider for media-rich organizations, is excited to announce Santiago Solanas as its new Chief Executive Officer (CEO)....
03/06/2024
Dalet and Veritone Reach Agreement to Distribute, Transact and Monetize Media Archives
Dalet, a leading technology and service provider for media-rich organizations, a...
30/04/2024
The Anchor of Our Work at the Native Lab: A Dispatch from Adam Piron
By Adam Piron In anticipation of this edition of the Indigenous Program's Native Lab, it actually dawned on me that this will be our lab's tenth year i...
30/04/2024
Launch of SBS South Asian channel and SBS Spice, a new English language offering for younger South Asian Australians
Launch of SBS South Asian channel and SBS Spice, a new English language offering...
30/04/2024
lodie Ichter Joins Light Iron as Senior Colorist
LOS ANGELES (April 30, 2024) Light Iron, the post-production creative-services division of Panavision, is excited to announce that lodie Ichter has joined th...
30/04/2024
Breadth of Support
Now streaming on Netflix, Good Grief marks the feature-film directorial debut of Daniel Levy, well known as the co-creator and costar of the series Schitt's...
30/04/2024
PBS Masterpiece Sets Third TV Adaptation Of The Forsyte Saga'
The Forsyte Saga, John Galsworthy's sweeping portrait of a wealthy British family in 1880s London, is getting its third TV adaptation in less than 60 years....
30/04/2024
Clear-Coms Eclipse HX and Agent-IC Technology Illuminate Coverage of Solar Eclipse
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({...
30/04/2024
Plex Partners with T-Mobile To Grow Connected TV Reach
CAMPBELL, Calif. Streaming media company Plex and T-Mobile will work together to expand T-Mobile's connected TV (CTV) inventory and advance the connection b...
30/04/2024
Roku, iSpot Launch Expanded Streaming Audience Measurement Partnership
SAN JOSE, Calif. & BELLEVUE, Wash. Roku, Inc. has announced an expanded measurement partnership with iSpot.tv, the cross-platform TV measurement company....
30/04/2024
Paramount+ Subs Hit 71M as Revenue Grew by 51% YoY
NEW YORK As Paramount Global wrestled with management turmoil and ongoing negotiations for a proposed merger with Skydance, the company managed to report improv...
30/04/2024
Cobalt Digital Receives Trifecta of Awards at NAB 2024
Cobalt Digital Receives Trifecta of Awards at NAB 2024 Company adds two 2024 NAB Show Product of the Year awards and one Best of Show from TV Tech to long list...
30/04/2024
arkonas BLADE runner IP Audio Engine Receives Best of Sho...
arkona technologies GmbH, provider of IP core infrastructure solutions for top-tier broadcast productions, has announced that its BLADE//runner IP Audio Engine ...
30/04/2024
OpenDrives Joins AWS Partner Network
OpenDrives, Inc., the global provider of software-defined media workflow solutions and data management capabilities, announced today that it has joined the glob...
30/04/2024
dandb group unveils SustainSymphony a ground-breaking clo...
The first norm conform sustainability service dedicated to the needs of the events industry Easy-to-use, intuitive platform for venues, event organisers and su...
30/04/2024
Dejero Smart Blending Technology opens new opportunities...
Dejero GateWay enables Stream7 to create independent internet connectivity at any venue or location, including UK teaching hospital for live streaming of surgic...
30/04/2024
farmerswife and Cirkus to Showcase Cutting-Edge Solutions...
Excitement is building as farmerswife, a leading software provider for resource scheduling, project management, and team collaboration in the media industry, ha...
30/04/2024
XL8 Clears SOC 2 Type II Audit Enhancing Data Security
XL8, a leading deep-tech startup specializing in AI-powered machine translation technology, proudly announces the successful completion of a System and Organiza...
30/04/2024
CABSAT 2024 - Leader and PHABRIX to showcase latest Test...
Test & measurement innovator, Leader Electronics of Europe, has announced that it will exhibit at CABSAT, which takes place this year from 21-23 May 2024 at the...
30/04/2024
MRMC Debuts Cinebot Max Camera Robot at NAB 2024
MRMC Debuts Cinebot Max Camera Robot at NAB 2024 Brie Clayton April 30, 2024 0 Comments Expands its range of live-action, motion-control camera robots...
30/04/2024
Next Jazz Legacy Announces 2024 Cohort of Women and Nonbinary Awardees
Next Jazz Legacy Announces 2024 Cohort of Women and Nonbinary Awardees The program was created by New Music USA and the Berklee Institute of Jazz and Gender J...
30/04/2024
SES Announces Acqusition of Intelsat for $3.1B
European telecom satellite company SES announced today that it is acquiring rival Intelsat for $3.1 billion. The deal, unanimously approved by both companies...
30/04/2024
Bakish Out at Paramount
Bob Bakish, chief executive of Paramount stepped down on Monday, effective immediately. Bakish, who was a staunch ally of Shari Redstone, controlling shareholde...
30/04/2024
Hotspring unveils Slapshot ML-driven rotoscoping solution
Hotspring said the breakthrough had been achieved through the acceleration of machine learning technology By Matthew Corrigan Published: April 30, 2024 Ho...
30/04/2024
SES to acquire Intelsat in $3.1 billion deal
Speaking about the deal, Adel Al-Saleh, CEO of SES, said: it will bring value-added, efficient, and reliable offerings for both companies media customers By Je...
30/04/2024
Bob Bakish officially out at Paramount, new Office of the CEO finalising long-term plan'
Paramount said the Office of the CEO is working with its board to develop a comp...
30/04/2024
Gray Television Using NextGen TV to Roll Out Advanced Features Like HDR
LOUISVILLE, Ky. In another sign that broadcasters are finally using NextGen TV broadcasts to offer viewers new features instead of simply simulcasting existing ...
30/04/2024
Oklahoma Journalism Hall of Fame To Honor Blaise Labbe
OKLAHOMA CITY The Oklahoma Journalism Hall of Fame will induct Blaise Labbe, a group news director for Sinclair Broadcast Group, May 2 at the 54th Anniversary I...
30/04/2024
Cox Media Group, Dish Ink New Multi-Year Agreement
ATLANTA and ENGLEWOOD, Colo. Cox Media Group and Dish have ended a dispute over retransmission fees that lasted nearly a year and a half with a new multi-year ...
30/04/2024
TelevisaUnivision Taps LTN for IP-Based Distribution
Video transport solution provider LTN has announced that it is working with TelevisaUnivision to help the Spanish-language media giant migrate to IP-based video...
30/04/2024
NBC KXAS and Telemundo KXTX Used Clear-Com Solutions for Eclipse Coverage
ALAMEDA, Calif. Clear-Com has released details about how it played a pivotal role in the seamless coverage of the recent solar eclipse on April 8, 2024 by NBC K...
30/04/2024
Scripps Appoints Seth Walters To Steer CTV Sales Strategy
CINCINNATI The E.W. Scripps Company is adding Seth Walters to its sales leadership team as head of CTV sales, effective April 29....
30/04/2024
Durham Bulls Saturday Game, First Sellout of 2024 Season
The force was strong at the Durham Bulls Athletic Park on Saturday night, April 27, 2024, as the night netted the ballpark's first official sellout crowd of...
30/04/2024
NewFront Life Is a Cabaret for LGBTQ+ Network Revry
Revry, a network celebrating queer culture. said its second annual NewFront presentation will be a cabaret-type spectacle showcasing the spirit of the LGBTQ+ co...
30/04/2024
FETV Viewers Say Howdy' as Wyatt Earp' Joins Lineup
Family Entertainment Television (FETV) said that the Western series The Life and Legend of Wyatt Earp will be joining the network's afternoon lineup startin...
30/04/2024
Bob Bakish Departing Paramount, According to Reports
Bob Bakish, president and CEO of Paramount Global, will depart the company as Paramount explores a merger, according to numerous published reports. The reports ...
30/04/2024
Solid momentum into the year for Telenor
6 minute read Share alt=Alternative descriptive text class=lazyload main main-lazyloaded responsive-image data-v-1a5ebb10> Telenor showed good momentum...
30/04/2024
SES Acquiring Intelsat to Create New Satellite Giant; Will Offer Improved Reach and Redundancy for Media Customers
SES Acquiring Intelsat to Create New Satellite Giant; Will Offer Improved Reach ...
30/04/2024
WDR Filmhaus to Implement Riedel Infrastructure
Wuppertal April 30, 2024 WDR Filmhaus to Implement Riedel Infrastructure Award-Winning MediorNet HorizoN Hybrid Processing Platform Serves as Bridge to IP Ri...
30/04/2024
Tilda Swinton Joins Colin Farrell in Edward Berger's 'The Ballad of a Small Player' for Netflix
Back to All News Tilda Swinton Joins Colin Farrell in Edward Bergers The Ballad...
30/04/2024
Netflix Reveals First Look Images and Teaser from 'Senna', Inspired on the Life of Famed F1 Driver
Back to All News Netflix Reveals First Look Images and Teaser from Senna, Inspi...
30/04/2024
Top 10 Week of Apr. 22: Baby Reindeer' and Rebel Moon - Part Two: The Scargiver' Hold Onto the Top Spots
Back to All News Top 10 Week of Apr. 22: Baby Reindeer' and Rebel Moon - ...
30/04/2024
Female Leadership in the Age of AI: United Kingdom
Dr. Nicola Hodson, Chief Executive, IBM UK & Ireland introduces the UK findings of an IBM study on female leadership in the age of AI Advances in Artificial In...
30/04/2024
FOR-As RDS Conductor Wins 2024 NAB Show Product of the Year Award
Channel Expansion, and New Codecs, Compression and Transport Technology Among Latest Updates...
30/04/2024
Accel-KKR Credit Partners Provides Growth Financing to Dalet
Accel-KKR Credit Partners today announced that it has provided debt financing to support Dalet in its next chapter of innovation and growth. Accel-KKR Credit Pa...
30/04/2024
Skeem Saam: Monday's episode, 29 April 2024 [video]
Skeem Saam: Monday's episode, 29 April 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African soa...
30/04/2024
Tonight on Skeem Saam: Lewatle witnesses an explosive fight between Sthoko and Babeile
Tonight on Skeem Saam: Lewatle witnesses an explosive fight between Sthoko and B...
30/04/2024
RT NEWS ANNOUNCES DAVID MURPHY AS NEW ECONOMICS & PUBLIC AFFAIRS CORRESPONDENT
RT News is pleased to announce the appointment of David Murphy as its new Economics & Public Affairs Correspondent. David is currently RT 's Political Cove...
30/04/2024
RT Concert Orchestra May and June 2024
Concerts in Limerick, Dublin, Carlow and Cork, including Marty in the Evening, Morricone and May the Fourth Be With You, celebrating the remarkable decade of th...