Dish Files To Consolidate 'TV Everywhere' Trademark Oppositions


Dish Network has asked that oppositions from seven parties to its "TV Everywhere" trademark claim -- filed by DirecTV, Comcast, Time Warner Cable, Cox Communications, Charter Communications, Cablevision Systems and Time Warner Inc. -- be consolidated into a single proceeding with the U.S. Patent & Trademark Office's Trademark Trial and Appeal Board.

In its request to the USPTO Tuesday, Dish said the cases are "ideally suited for consolidation because they pertain to the same trademark application (Serial No. 77/828,705) and raise the same issues of fact and law (namely, whether ‘TV Everywhere' is generic or descriptive in connection with the applied-for services)."

All of the parties in the oppositions, except Time Warner Inc., have consented to consolidation, according to Dish.

Earlier this month Hulu withdrew its opposition to Dish's claim on "TV Everywhere" after the companies settled their dispute for undisclosed terms.

Dish originally applied to secure trademark protection in September 2009; after procedural delays the USPTO published the claim for opposition in November 2011.

The companies opposing Dish's rights on "TV Everywhere" argue that the term has been widely used in the pay-TV industry to refer to the concept of online authentication. Time Warner Inc. claimed in its opposition to have coined the term.

In May, Dish argued that the term is neither generic nor merely descriptive and claimed its use of "TV Everywhere" has been successful "in creating a commercial impression for the mark through its advertising, and the consuming public recognizes the mark 'TV Everywhere' as a source indicator for Applicant's services."