March 18, 2008

Madden, Barkley Join DISH's Legal Hit Parade

DISH Network's legal machine is working overtime these days, with a new lawsuit popping up on our radar every few weeks. The latest complaint to grab our attention involves sports legends John Madden and Charles Barkley. Last month, DISH quietly asked the US District Court for CO to declare that its ad campaign featuring parodies of the 2 former athletes does not violate trademark or common law rights. While the complaint was filed on Valentine's Day, as far as we can tell, no media picked up on it. Despite the big names involved, the lack of notice is not that surprising given the flurry of lawsuits involving DISH in recent months (see "Legal Laundry List" below). DISH said it filed the complaint because Madden and Barkley reps have threatened imminent legal action over the national campaign. The spots feature comedian Frank Caliendo, star of TBS series "Frank TV," impersonating the 2 (see them at www.dishnetwork.com). Other famous faces lampooned in the campaign includewww.dishnetwork.com George W Bush and Al Pacino (not mentioned in the court filing). Caliendo, who is ID'd as a comedian in the spots, appears as himself side-by-side his impersonations, who tout DISH products (ie, Bush likes the "recordification" of the DVR). The parodies "do no create any likelihood of confusion, or suggest or imply that Mr. Madden or Mr. Barkley sponsor or promote DISH Network," DISH told the court.So many programmers are wrapped in legal entanglements with DISH over package placement, licensing fees, etc, we thought we'd compile a cheat sheet to help you keep tabs. Here's a list—at least the ones we know about!

* ABC Cable/ESPN: DISH filed a request for a preliminary injunction and temporary restraining order last month in NY Supreme Court, naming ESPN, ESPN Classic, ABC Cable Nets, SOAPNet and Intl Family Ent as defendants.

* Fox News: Fox News sued in Dec for about $50mln, claiming the operator breached a '98 contract requiring the channel to be offered on its most widely distributed package. DISH demanded a trial by jury earlier this month.

* HBO: Filed suit in Jan '07 over $90 mln in unpaid licensing fees. Dropped suit in Feb '07, reaching a long-term deal.

* NFL Net: The net filed suit late last month over DISH's decision to move the channel to a lesser distributed tier.

* Voom: The Rainbow HD programming service won a temporary restraining order that keeps its nets from being moved to a higher-priced tier. It's seeking a permanent injunction to stop DISH from tiering the channels.