Christian broadcast firm claims Dish used phrase it trademarked in 2002
A Christian broadcasting company wants to block EchoStar Communications' Dish Network from using "Worry Free TV" as a slogan for Dish's new family friendly package, saying the phrase is already taken.
Dominion Video Satellite says it has used the phrase since 1998, trademarking it in 2002, to promote its own rival family friendly programming service called Sky Angel.
The claim by Florida-based Dominion is the latest twist in a long-running legal battle between the two companies over the use of satellite frequencies. Dominion filed a breach of contract suit in 2003 that resulted in a $2.4 million arbitration award against EchoStar, which an appeals court upheld in December.
"EchoStar's infringing activity, despite knowing that Dominion used and protected the Worry Free TV mark, demonstrates a willful and bad faith intent to trade on Dominion's goodwill," according to the amended complaint filed in Denver federal court Tuesday.
Marc Lumpkin, a spokesman for Douglas County-based EchoStar, declined to comment.
Dish agreed to stop using the phrase in future advertising and for DishFamily and pulled the phrase from its Web site when notified of Dominion's claim in early February, but Dish said it had already placed some orders that couldn't immediately be yanked. Dish refused to provide any further information about the outstanding ads, prompting Dominion to file an amended complaint on Tuesday, the lawsuit said.
Adding to the confusion is the fact that the slate of networks on Dish's and Dominion's family friendly networks is similar, right down to Dominion's religious-themed Angel One channel, the suit said.
Dominion customers also use Dish-brand receivers because the companies broadcast from the same satellite.
In 1996, privately held Dominion and EchoStar started out as friendly rivals helping each other out in the fledgling industry. Dominion allowed EchoStar to use six of Dominion's eight satellite frequencies licensed by the Federal Communications Commission.
In return, EchoStar allowed Dominion, which didn't own any satellites, to use an EchoStar satellite to broadcast Sky Angel programming. To keep from poaching each other's customers, Sky Angel agreed to focus on Christian programming while EchoStar promised to limit itself to the three Christian channels it already carried, according to court papers.
The agreement fell apart in 2002 when Dish started carrying two additional Christian networks, Daystar and FamilyNet, Dominion claims.
http://www.rockymountainnews.com/drmn/tech/article/0,2777,DRMN_23910_4510953,00.html
A Christian broadcasting company wants to block EchoStar Communications' Dish Network from using "Worry Free TV" as a slogan for Dish's new family friendly package, saying the phrase is already taken.
Dominion Video Satellite says it has used the phrase since 1998, trademarking it in 2002, to promote its own rival family friendly programming service called Sky Angel.
The claim by Florida-based Dominion is the latest twist in a long-running legal battle between the two companies over the use of satellite frequencies. Dominion filed a breach of contract suit in 2003 that resulted in a $2.4 million arbitration award against EchoStar, which an appeals court upheld in December.
"EchoStar's infringing activity, despite knowing that Dominion used and protected the Worry Free TV mark, demonstrates a willful and bad faith intent to trade on Dominion's goodwill," according to the amended complaint filed in Denver federal court Tuesday.
Marc Lumpkin, a spokesman for Douglas County-based EchoStar, declined to comment.
Dish agreed to stop using the phrase in future advertising and for DishFamily and pulled the phrase from its Web site when notified of Dominion's claim in early February, but Dish said it had already placed some orders that couldn't immediately be yanked. Dish refused to provide any further information about the outstanding ads, prompting Dominion to file an amended complaint on Tuesday, the lawsuit said.
Adding to the confusion is the fact that the slate of networks on Dish's and Dominion's family friendly networks is similar, right down to Dominion's religious-themed Angel One channel, the suit said.
Dominion customers also use Dish-brand receivers because the companies broadcast from the same satellite.
In 1996, privately held Dominion and EchoStar started out as friendly rivals helping each other out in the fledgling industry. Dominion allowed EchoStar to use six of Dominion's eight satellite frequencies licensed by the Federal Communications Commission.
In return, EchoStar allowed Dominion, which didn't own any satellites, to use an EchoStar satellite to broadcast Sky Angel programming. To keep from poaching each other's customers, Sky Angel agreed to focus on Christian programming while EchoStar promised to limit itself to the three Christian channels it already carried, according to court papers.
The agreement fell apart in 2002 when Dish started carrying two additional Christian networks, Daystar and FamilyNet, Dominion claims.
http://www.rockymountainnews.com/drmn/tech/article/0,2777,DRMN_23910_4510953,00.html
I swear they have one of those love hate marriages.
