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‘Dish Anywhere’ Trademark Challenged by DirecTV, Cable Operators


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#1 OFFLINE   Athlon646464

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Posted 28 September 2013 - 06:57 AM

‘Dish Anywhere’ Trademark Challenged by DirecTV, Cable Operators
 
Dish Network’s Sling-powered Internet video streaming service, Dish Anywhere, is not only being contested on legal grounds by Fox — the satcaster also now is fighting with pay TV rivals over its trademark claim to the name.
 
DirecTV, Comcast, Cablevision, Cox, Time Warner Cable and Charter filed challenges Wednesday to Dish’s claim on “Dish Anywhere” with the U.S. Patent & Trademark Office.
 
They each argue that “Anywhere” is a generic term that other companies have used for related services, and claim they would be “damaged” if Dish obtained exclusive rights to the name.
 
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#2 OFFLINE   tsmacro

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Posted 28 September 2013 - 08:57 AM

It's hard to imagine any other company being hurt by not being able to use the term Dish Anywhere. I highly doubt that they're not allowed to use the word anywhere if they wanted to just not Dish Anywhere. So if for example Directv wanted to say Directv Anywhere, that's not the same thing and should be ok. Basically this sounds like a lawsuit that some lawyer came up with to make some extra money and used his debating skills to convince the tv providers involved that it would be a good idea.


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#3 OFFLINE   dualsub2006

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Posted 28 September 2013 - 09:00 AM

Actually, if Dish is awarded the trademark for Dish Anywhere, they can the challenge any other competitors use of the word Anywhere for any product or service as confusing to consumers and diluting their brand.

Happens all the time.

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#4 OFFLINE   JosephB

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Posted 28 September 2013 - 09:24 AM

It's hard to imagine any other company being hurt by not being able to use the term Dish Anywhere. I highly doubt that they're not allowed to use the word anywhere if they wanted to just not Dish Anywhere. So if for example Directv wanted to say Directv Anywhere, that's not the same thing and should be ok. Basically this sounds like a lawsuit that some lawyer came up with to make some extra money and used his debating skills to convince the tv providers involved that it would be a good idea.

 

The problem is that Dish could turn around and sue DirecTV for using "DirecTV Anywhere" or Comcast for using "Comcast Anywhere" because it is "close" to Dish Anywhere. Trademark law is a little complicated sometimes.



#5 OFFLINE   tsmacro

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Posted 28 September 2013 - 09:25 AM

 

Actually, if Dish is awarded the trademark for Dish Anywhere, they can the challenge any other competitors use of the word Anywhere for any product or service as confusing to consumers and diluting their brand.

Happens all the time.

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 Somehow I doubt it. I don't doubt that some lawyer might try to convince Dish to try to sue if anyone used the word anywhere but I doubt it would be a winnable case as just "anywhere" is way too generic. Plus it does say they filed specifically to trademark "Dish Anywhere" not just anywhere.


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#6 OFFLINE   bigglebowski

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Posted 28 September 2013 - 09:28 AM

Is Directv upset because "anywhere" actually means anywhere and not just the vicinity of your router's wifi range.


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#7 OFFLINE   WebTraveler

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Posted 28 September 2013 - 11:10 AM

This is dumb.

 

Directv can use Direct anywhere or Directv anywhere.

 

Would a court uphold this if someone tried to steal McDonald's anywhere? 

 

Dish has a trademark on Dish.



#8 OFFLINE   RasputinAXP

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Posted 28 September 2013 - 11:46 AM

Qv: Apple v Amazon, re 'app store' trademark.

Hint: they didn't rule for Apple.

You can't claim a generic term alone when it's used with a descriptor like Amazon or Dish.

"Belligerent and numerous."

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#9 OFFLINE   Stewart Vernon

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Posted 28 September 2013 - 12:50 PM

Right... Apple couldn't prevent Amazon from having an Amazon app store...  so I see no reason why DirecTV couldn't have their own "anywhere" phrase.

 

But with that in mind...  "Sunday" is a day of the week and "ticket" is a generic word that people use for lots of things... so why can't Dish have their own "Sunday Ticket"?  I bet DirecTV wouldn't agree in that scenario.


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#10 OFFLINE   comizzou573

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Posted 28 September 2013 - 01:14 PM

Dish anywhere is kind of a scam to me, I just installed a hopper w/sling and download the app on my android incredible and I can watch tv anywhere. I wasn't as impressed in the receiver. I cant ever access my tv from the ip address on my tv. 



#11 OFFLINE   phrelin

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Posted 28 September 2013 - 01:47 PM

This is the kind of thing that makes attorneys rich. And Charlie had to know when he released the Hopper that he would be in a long-term grudge match with everyone in the business. What's ironic about this is that if you Google tv anywhere, DirectTV Everwhere gets paid results at the top of the page along with Dish.

And let us not forget the ties here, such as those between Comcast and NBC or Cablevision and AMC. There's a reason the term "media conglomerates" appears in many stories.

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#12 OFFLINE   dualsub2006

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Posted 28 September 2013 - 02:11 PM

But with that in mind... "Sunday" is a day of the week and "ticket" is a generic word that people use for lots of things... so why can't Dish have their own "Sunday Ticket"? I bet DirecTV wouldn't agree in that scenario.

It would be the NFL in a twist in your scenario because the NFL owns the Sunday Ticket trademark and it is licensed to D*.

An Apple/Amazon ruling wouldn't prevent another judge in another Federal district from ruling differently.

If your D* (or any of the others) do you risk playing roulette, or do you try to prevent the trademark from being issued?



#13 OFFLINE   TheRatPatrol

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Posted 28 September 2013 - 02:30 PM

Lame. Why don't they all join together and fight these rising carrier fees instead?

#14 OFFLINE   damondlt

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Posted 28 September 2013 - 02:53 PM

The problem is that Dish could turn around and sue DirecTV for using "DirecTV Anywhere" or Comcast for using "Comcast Anywhere" because it is "close" to Dish Anywhere. Trademark law is a little complicated sometimes.

Um Directv calls it "Directv Everywhere"

 

See you would have already lost your lawsuit!


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#15 OFFLINE   phrelin

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Posted 28 September 2013 - 03:32 PM

Here with footnote links is the Wikipedia entry on TV Everywhere:

 

TV Everywhere (TVE[1]) refers to customers of multichannel video programming distributors (MVPDs) watching content on mobile devices such as the iPad,[2] as well as the verification system that allows MVPDs to authenticate those who wish to use their IPTV video on demand Internet television services as actual paying customers of satellite or cable television. In June 2009, Comcast and Time Warner held a press conference to announce the initiative.[3][4][5] Several consumer groups complained that TV Everywhere consists of an anticompetitive practice stifling competition in online television.[6]

 

On June 5, 2013, Bell Media introduced the TV Everywhere concept to Canada with the launch of its Bravo Go service.[7]

 

If it didn't cost all these signal providers money which costs will be passed on to us, it'd be downright amusing that these morons are challenging Dish on the use of "anywhere" which according to Dictionary.com means "in, at, or to any place" as opposed to the definition of "everywhere" which means "in every place or part; in all places."

 

I wonder if I could intervene and to advise the court that both terms without the modifying phrase "where a strong, high speed internet signal is available" are "misleading." wink.gif


Edited by phrelin, 28 September 2013 - 03:33 PM.

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#16 OFFLINE   JosephB

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Posted 28 September 2013 - 05:15 PM

The Apple vs. Amazon thing is absolutely why the other carriers are challenging Dish.

 

They already have a trademark on "Dish", so if "anywhere" is a generic term then it is not trademark-able. If the other carriers don't put up a fight, though, and Dish DOES get it trademarked, then the term "Anywhere" when it comes to television services out of the home would then belong to Dish, regardless of whether or not it is associated with Dish or not. It's why people got sued for using the letter i before the names of iPod accessories. Even if it is not exact, if it is confusing in the marketplace, then Dish would be able to enforce their trademark.



#17 OFFLINE   RasputinAXP

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Posted 30 September 2013 - 08:33 AM

The Apple vs. Amazon thing is absolutely why the other carriers are challenging Dish.

 

They already have a trademark on "Dish", so if "anywhere" is a generic term then it is not trademark-able. If the other carriers don't put up a fight, though, and Dish DOES get it trademarked, then the term "Anywhere" when it comes to television services out of the home would then belong to Dish, regardless of whether or not it is associated with Dish or not. It's why people got sued for using the letter i before the names of iPod accessories. Even if it is not exact, if it is confusing in the marketplace, then Dish would be able to enforce their trademark.

 

The exact trademark is "Dish Anywhere" per the filing at the USPTO. Apple has a valid trademark on "Apple App Store" while Amazon has one on "Amazon App Store." 

There's nothing that prevents DirecTV from creating "DirecTV Anywhere" just like "Dish Anywhere." It even has a Distinctiveness Limitation Statement saying "as to DISH." 

 

The appellants have no legal standing on this one.


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"Belligerent and numerous."

Sometimes I update the Dish Network FAQ

AT200, Hopper & 360 via HDMI to Onkyo 505 to basement 42" Westy, Hopper via Comp-over-Cat5 to living room 42" Vizio with a Roku 3, Joey to Toshiba 32" LCD with a Logitech Revue. You want fries with that? Pull up to the 2nd window.


#18 OFFLINE   acostapimps

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Posted 01 October 2013 - 01:27 PM

....And money is rollin in for the lawyers, and the winners would be... you guessed it.

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