Thursday, August 23, 2012

Barry Diller Sues BarryDriller

Barry Diller planned on anchoring a new Paramo... (Photo credit: Wikipedia)Pity the docket and courtroom clerks at the United States District Court for the Central District of California, who are trying not to confuse separate Barry Diller and BarryDriller lawsuits.

A little more than a week after a copyright and trademark infringement suit, Fox Television Services, Inc. et al. v. BarryDriller Content Systems Plc (Case No. 12-cv-6921), was filed in the federal court in Los Angeles (see "TUOL" post 8/14/12), along comes Barry Diller v. BarryDriller Content Systems Plc (Case No. 12-cv-7200). Diller, one-time head of Paramount Pictures and Fox and an investor in Aereo, a rival of the defendant that also streams broadcast television signals on Internet-enabled devices, has sued the defendant, which is owned by Alki David, for cybersquatting, alleged violation of his right to publicity, and for trademark abuse under the Lanham Act [15 U.S.C. sec. 1125].

As reported in The Los Angeles Times, THR, Esq. and elsewhere, Diller accuses David's company of implying a false endorsement by him by adopting the name "BarryDriller."  The Complaint alleges the defendant is using his name in its business to: "(1) associate their service with Plaintiff and (2) mislead the public into believing that Defendants' service has been judicially sanctioned." The Complaint immodestly refers to the plaintiff as one of the best-known business leaders in the U.S. Diller is asking Judge Margaret M. Morrow for punitive damages and injunctive relief against the Defendant.

The concerned staff of "TUOL" hopes for the sake of the court's personnel that no litigation ensues over the Estate of comedian Phyllis Diller, as "TUOL" already has had its fill-er of Diller & Driller lawsuits.

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