Dish's 'TV Everywhere' Trademark Application Suspended
Trademark Office Cites Time Warner Inc.'s Pending 'On Demand Everywhere' Application
By Todd Spangler -- Multichannel News, 7/9/2010 1:28:32 PM
The U.S. Patent and Trademark Office issued a "notice of suspension" to Dish Network regarding its application to trademark "TV Everywhere," and the agency cited Time Warner Inc.'s prior application to trademark "On Demand Everywhere" as potentially nullifying the satellite operator's claim on the term.
Dish declined to comment.
Dish filed to trademark "TV Everywhere" in September 2009, as first reported by Multichannel News. At the time, the term was already being used generically by TV programmers and distributors to refer to authenticated video services available on devices other than traditional television sets, including by Time Warner Inc. chairman CEO Jeff Bewkes.
Time Warner Inc. filed a similar trademark application for "On Demand Everywhere" three months earlier -- in June 2009 -- indicating that it intends to use the mark commercially. A Time Warner spokesman declined to comment on its plans to use the name.
"Since [Dish's] effective filing date is subsequent to the effective filing date of the [Time Warner Inc.] application(s), the latter, if and when it registers, may be cited against this application in a refusal to register," the PTO said in a July 1 notice to Dish.
Time Warner's "On Demand Everywhere" application cites "transmission of television broadcasting, video, images, audio and data information via the internet, satellite, cable, wireless, fiber optics and computer networks; audio and video broadcasting services over the internet and other communications networks."
The Dish application for "TV Everywhere" provides a similar description: "Television transmission services; transmission of audio, video, and data via satellite, internet, or other communication networks; television broadcasting services; streaming of video and audio via communication networks; data transmission via communication networks; peer-to-peer network computer services, namely, electronic transmission of audio, video and other data and documents among computers; providing subscription television broadcasting services; satellite communication services; rental of set-top boxes for use with televisions."
On July 6, 2010, the agency granted Time Warner a notice of approval for its claims to "On Demand Everywhere." The media company must next file a "statement of use" within six months before the trademark can be registered. Separately, Time Warner has registered the OnDemandEverywhere.com domain name.
Under PTO procedures, Dish may submit a request to remove its application from suspension to present arguments related to the conflict with the Time Warner Inc. filing.
The satellite operator currently markets its Slingbox products, including the ViP 922 "SlingLoaded" DVR, under the "TV Everywhere" banner. Slingbox technology allows users to access their full TV lineup, DVR recordings and on-demand content over the Internet via a Web browser or mobile device.
Dish also is gearing up to launch a Web site this year that will let subscribers log in to watch extra TV content. That project is being led by Bruce Eisen, Dish's vice president of online content development and strategy, who was formerly co-founder and executive vice president of CinemaNow, the streaming movie service.
Dish's "TV Everywhere" application is serial no. 77828705. Time Warner Inc.'s applications for "On Demand Everywhere" have serial nos. 77761826 and 77761831.
-
It's an interesting refusal but, in my experience, one that they should be able to argue past given the distinctions between the marks as well as other factors. A well-crafted response should permit this through to registration.
Matthew H. Swyers, General Counsel, The Trademark Company - 7/9/2010 4:18:42 PM EDT
No related content found.
VIEW ALL GALLERIES
