As part of a trademark fight over "TV Everywhere" that could stretch into next year, Dish Network has argued that the term is neither generic nor merely descriptive -- and claims its use of "TV Everywhere" has become successfully associated in consumers' minds with the satellite TV operator's Slingbox-enabled DVRs.
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.
In February, Time Warner Inc., the five biggest cable operators -- Comcast, Time Warner Cable, Cox Communications, Charter Communications and Cablevision Systems -- as well as DirecTV and Hulufiled oppositions with the U.S. Patent & Trademark Office's Trademark Trial and Appeal Board. They all complained that "TV Everywhere" has been used generically by the industry to describe authenticated online video services, in some cases prior to Dish's trademark application.
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