Spanish channel Univision has filed a countersuit against Dish Network alleging false advertising and trademark infringement. Univision also claims the Dish owes the company millions of dollars in licensing fees.
Dish Network alleges breach of contract
The dispute started over a year ago when Dish Network sued the Spanish channel for allegedly breaching their contract. The breach supposedly occurred because Univision streamed soccer games on Facebook, which Dish stated undercut their licensing deal. A New York judge ruled Dish’s suit could move forward in September.
Univision is no longer on Dish Network
Univision has now fired back. Though the channel is no longer available on Dish Network, but the company’s countersuit alleges the television provider is still advertising the channel’s availability on its website, in flyers and on an authorized dealer’s website.
The trademark infringement claim involves Dish allegedly using the Univision trademark and logo on a “Latino Bonus Pack.” The pack was advertised more than two months after the channel was no longer available on Dish.
False advertisements mislead and influence
According to the Federal Trade Commission (FTC), advertisements need to be true and not deceptive. An ad is considered deceptive if it would likely mislead a typical consumer. A deceptive statement must also influence a shopper’s buying decision.
Unauthorized use of a trademark is illegal
Trademark infringement occurs when an unauthorized business uses a trademark or other protected mark on goods or services in direct competition with the trademark owner. Marks that are similar and could be confused with the trademark could also fall under trademark infringement
To prove breach of contract, a business must first show there was a legal contract in place between the two parties. Then the company must show it fulfilled its end of the deal. The business must also show the other party did not perform its duties as agreed upon in the contract.
In the case of Univision and Dish Network, it appears neither company is eager to settle and litigation may drag on for some time.
