DirecTV: Dish Should Be Denied 'TV Everywhere' Trademark

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DirecTV says rival satellite TV operator Dish Network's attempt to trademark "TV Everywhere" should be refused, joining the five biggest U.S. MSOs and others in opposing Dish's claim on the term.

Dish filed for trademark protection on "TV Everywhere" on Sept. 17, 2009, and after procedural delays the U.S. Patent & Trademark Office published its application for opposition last fall.

Last month, Comcast, Time Warner Cable, Cox Communications, Charter Communications and Cablevision Systems -- as well as Time Warner Inc. and Hulu -- officially registered their objections with the USPTO's Trademark Trial and Appeal Board to block Dish's trademark claim.

Dish's TV Everywhere page

All of the parties opposing Dish's claim on "TV Everywhere" argue that even before Dish filed its application in 2009, the term was being used generically by the industry to refer to authenticated online video services.

"Media companies other than [Dish] have made such generic or descriptive use of TV Everywhere earlier than the Filing Date, and have continued to make such generic or descriptive use of TV Everywhere to the present date," DirecTV said in its Feb. 29 filing, which was made public this week.

DirecTV concluded, "If [Dish] were to obtain registration of TV Everywhere, [Dish] would be presumed to have the exclusive right to use TV Everywhere in commerce on or in connection with the Services, resulting in injury to Opposer."

Time Warner Inc., in its opposition filed Feb. 24 with the USPTO, additionally argued that it coined the "TV Everywhere" term.

Dish currently uses TV Everywhere to promote its DishOnline.com website and Slingbox products, which provide access to live and recorded video programming to multiple devices over the Internet.

The USPTO has assigned Dish's trademark application serial number 77828705.

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