Judge Bars DirecTV HD Ads

[cablewithaview]

A federal judge ruled Monday that DirecTV must stop running ads claiming that its HDTV service is superior to cable’s, pending the outcome of a false-advertising suit Time Warner Cable filed against the direct-broadcast satellite operator.

Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York granted Time Warner’s request for a preliminary injunction to block DirecTV’s ads, featuring William Shatner and Jessica Simpson, from being shown while the lawsuit proceeds.

In December, Time Warner sued DirecTV for false advertising after the DBS operator ran the HD spots, as well as newspaper ads claiming that cable subscribers wouldn’t be able to watch games carried by NFL Network -- available on DirecTV, but not Time Warner -- that would have been available via local broadcast stations.

DirecTV originally agreed to stop running the HD-oriented comparative ads, which included the tag line: “For picture quality that beats cable, you’ve got to get DirecTV.”

However, DirecTV’s revised ads included a tag line that Time Warner contended was still false: “For an HD picture that can’t be beat, you’ve got to get DirecTV.” With the ruling Monday, the DBS operator is barred from making that claim.

Swain said DirecTV may still run comparative ads stating that its overall picture quality is better than Time Warner’s. In addition, she denied the MSO’s request that the DBS operator be required to run “corrective” ads.

In a prepared statement, DirecTV said, “We will continue to aggressively market our better overall picture quality, which is permitted by the court’s opinion, and soon far more HD capacity than cable. It's obvious [that Time Warner’s] strategy is to fight with us in the courts since they can't compete with our superior product in the marketplace. We are confident that we will prevail on both fronts.”

The judge set a pretrial conference for March 23.



http://www.multichannel.com/article/CA6413602.html?display=Breaking+News

 

[Jimbo]

A federal judge ruled Monday that DirecTV must stop running ads claiming that its HDTV service is superior to cable’s, pending the outcome of a false-advertising suit Time Warner Cable filed against the direct-broadcast satellite operator.

Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York granted Time Warner’s request for a preliminary injunction to block DirecTV’s ads, featuring William Shatner and Jessica Simpson, from being shown while the lawsuit proceeds.

In December, Time Warner sued DirecTV for false advertising after the DBS operator ran the HD spots, as well as newspaper ads claiming that cable subscribers wouldn’t be able to watch games carried by NFL Network -- available on DirecTV, but not Time Warner -- that would have been available via local broadcast stations.

DirecTV originally agreed to stop running the HD-oriented comparative ads, which included the tag line: “For picture quality that beats cable, you’ve got to get DirecTV.”

However, DirecTV’s revised ads included a tag line that Time Warner contended was still false: “For an HD picture that can’t be beat, you’ve got to get DirecTV.” With the ruling Monday, the DBS operator is barred from making that claim.

Swain said DirecTV may still run comparative ads stating that its overall picture quality is better than Time Warner’s. In addition, she denied the MSO’s request that the DBS operator be required to run “corrective” ads.

In a prepared statement, DirecTV said, “We will continue to aggressively market our better overall picture quality, which is permitted by the court’s opinion, and soon far more HD capacity than cable. It's obvious [that Time Warner’s] strategy is to fight with us in the courts since they can't compete with our superior product in the marketplace. We are confident that we will prevail on both fronts.”

The judge set a pretrial conference for March 23.



http://www.multichannel.com/article/CA6413602.html?display=Breaking+News

Another great frivilouis lawsuit and someone's actually going to listen to them.
This kind of commercial happens every day pushing many products.

D* has another one out now stating that they will have 3 x's the HD channels soon than cable ... I suppose tyhey will file suit on that one too, even if it IS true.

Why dosn't the judge make Time Warner prove that the D* ad is not true first ?

Jimbo

 

[KE4EST]

Well until directv can broadcast better rez then cable or anybody for that fact and provide all of these HD channels they are claiming, they need to stop the ads.

 

[Mojo]

Indeed. Maybe now D* will be a little embarrassed about their HD-Lite and do something about it.

 

[Jimbo]

Indeed. Maybe now D* will be a little embarrassed about their HD-Lite and do something about it.

The problem is, Cable is NO better than D* when it comes to HD, thier res is no better and not ALL cable companies broadcast the same res.
According to the government as long as it's HD it's OK with them, that could be anything above 480p, until they decide to make some standards this will continue to happen, there is no one telling D* or anyone else thatthey have to be as a perticular rate.
Chances are IF and When that happens, the government will make that figure low enough so that no one will have to change anything, after all, what everyone is broadcasting now IS better than the 480 or less that is required now.

I am in no way accepting this, just pointing out that until there are requirements, it will continue to be all over the place.
Also remember that the shows have to be produced in something worthwhile as well, what good is a 480 signal if you boost it to 1080i and it looks like crap because your trying to add too much info.

Jimbo

 

[riffjim4069]

Unfortunately, when businesses don't play by the rules the only remedy is through the courts. Personally, this is a perfect example of what is RIGHT with the legal system. If left uncontrolled, DirecTV and others could stretch their SD and simply call it DirectHD...similar to DishHD these days. Heck, the HD-Lite supporters will tell you the majority are too stupid and probably don't have displays to tell the difference. Shameful HD-Lite apologists!

Let's just hope MSOs correct the deceptive practice of packaging HD-Lite and pushing it on the American consumer as "High Definition"...there is nothing HD about it. If not, let's hope these Class Action lawsuits and Court Ordered injunctions continue en masse.:up

 

[Sean Mota]

I agree. HD Lite is not HD. I seem to recall that I posted about this deceptive practice when the ad first come out and I was quite bashed on this very forum. I wish all deceptive practices are taking to court... Dish and everyone else who claims to have the Best HD when we all know that they only provide HD Lite.

 

[scotsmanron]

Just have to agree with that. I hate the stupid suits, but sometimes that is the only way to get their attention.

 

[Poke]

DIRECTV Must Pull HDTV Ads

http://www.tvpredictions.com/dtw020507.htm

A federal judge says the satcaster has not proven its high-def service is better than cable.

By Phillip Swann

Washington, D.C. (February 5, 2007) -- A federal judge ruled today that DIRECTV must stop airing TV commercials claiming its HDTV service is better than cable.

The commercials, which star Jessica Simpson and William Shatner, sparked a lawsuit by Time Warner Cable which charged that DIRECTV made a false claim by saying its HD picture and service was superior to cable.

DIRECTV must stop airing the ads until the lawsuit's proceedings are finished, ruled U.S. District Judge Laura Taylor Swain.

A DIRECTV spokesman told the Associated Press late Monday that the judge's ruling only means that the HDTV ads cannot air in Time Warner markets.
“However, we will continue to aggressively market our better overall picture quality, which is permitted by the court’s opinion,” the spokesman said. “It’s obvious their strategy is to fight with us in the courts since they can’t compete with our superior product in the marketplace. We are confident we will prevail on both fronts.”

Judge Swain ruled that DIRECTV could continue to state that its overall picture quality is better than Time Warner because it's unclear that its digital lineup is not better than cable's mix of digital and analog, according to the Associated Press.

The AP reports that the judge also rejected Time Warner's request that DIRECTV be forced to air an ad correcting its "false claim."


Jessica Simpson from the DIRECTV HD commercial.

But Swaim said Time Warner had demonstrated that DIRECTV's commercials saying its high-def programming was better than cable were false.

The lawsuit was filed late last year and the two companies have butted heads over how to handle the dispute.

In December, DIRECTV changed one commercial starring Ms. Simpson that said the satcaster offered the best High-Definition TV picture on the market. The new spot ran a different tagline: "For a HDTV picture that can't be beat."

The change was made after Time Warner filed the false claim lawsuit. The cable operator said it provides "exactly the same screen resolution" as DIRECTV's HDTV picture.

 

[Questioner]

Good news, now if only they would pull the back to the future ad.

 

[iceturkee]

well, i disagree jimbo.....my cable companies hd pq is far superior to d*'s!! i just hope the sports addict in me isn't going to regret switching back to satellite!!!

 

[cablewithaview]

In a way it is a "cable vs satellite" thing.
Bottom line, satellite should broadcast what they advertise. If you say you have better HD then cable, then broadcast in True HD form and try to live up to it. If cable operators are broadcasting in 1920x1080i resolution then satellite should to. This boils down to, if you are going to compete with us, then do it right. If you don't, then we will force you to through the courts to do so or shut up.

 

[philhu]

Another great frivilouis lawsuit and someone's actually going to listen to them.
This kind of commercial happens every day pushing many products.

D* has another one out now stating that they will have 3 x's the HD channels soon than cable ... I suppose tyhey will file suit on that one too, even if it IS true.

Why dosn't the judge make Time Warner prove that the D* ad is not true first ?

Jimbo

No, DTV says they will have '3x the capacity for HD than cable'

Not that they will have that many channels....

 

[dfergie]

Merged...

 

[riffjim4069]

well, i disagree jimbo.....my cable companies hd pq is far superior to d*'s!! i just hope the sports addict in me isn't going to regret switching back to satellite!!!

Just wanted to add that DirecTV HD looks bad on both of my D* friends HDTVs, and it looks equally bad on probably more than 40 1080p sets at the local big screen store. I purchased a new Mitsubishi Diamond DLP yesterday afternoon, but only after taking in my Sony ATSC/QAM HD DVR, and Dish 622, and playing back several full bitrate 1920x1080i recording (2004 Masters OTA, Bubba HoTep and Resident Evil back when MonstersHD was 1920x1080i) and the difference was night-and-day.

 

[Questioner]

There is no comparison between the pq on comcast hd and directv around here.

 

[Jimbo]

well, i disagree jimbo.....my cable companies hd pq is far superior to d*'s!! i just hope the sports addict in me isn't going to regret switching back to satellite!!!

It said Cable Companies, that means ALL, you cannot tell me that ALL cable has better HD

As for pulling the Back to the future ad, theres No reason to pull it.
It states that D* will have 3 times HD than cable soon, nothing about resolutions at all.

Jimbo

 

[Jimbo]

No, DTV says they will have '3x the capacity for HD than cable'

Not that they will have that many channels....

No, the ad says that D* will have 3x the HD channels , and that will be true when the new sats are up and running.
If you do the math, they are right.
Most cable co's have about 15-20 channels in HD, when D8 gets thier Sats up they will have approx 70 channels in HD, per the quotes from a few weeks back.
so at most 20 x 3 is only 60 so it's actually 3.5 times, if it all works out, and they also were careful to say SOON as well.

The 3x capacity is a different issue but also true.

Jimbo

 

[EEJay]

It said Cable Companies, that means ALL, you cannot tell me that ALL cable has better HD
Jimbo

Another way to look at that is that, by just saying "cable", DirecTV is claiming that their picture is better than ALL cable companies, which many will claim isn't true.

 

[Ramy]

I agree. HD Lite is not HD. I seem to recall that I posted about this deceptive practice when the ad first come out and I was quite bashed on this very forum. I wish all deceptive practices are taking to court... Dish and everyone else who claims to have the Best HD when we all know that they only provide HD Lite.

You weren't bashed by me that's for sure. The only problem I have is that D* HD lite is still better than my cable's HD Lite.