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Dish can keep tweaking DirecTV

Wed, 02/17/2010 - 7:30am
Brian Santo

The squabble between DirecTV and the Dish Network over one of the latter’s advertising claims is set to dribble on.

Dish is running an ad aimed at poaching DirecTV subscribers. It offers a package at $39.95 per month, compares it with a DirecTV package priced at $63.99 per month and asks, “Why pay more?”

DirecTV sued, claiming the ad is false because the programming in the packages being compared aren’t the same. It asked the court to issue a temporary restraining order enjoining Dish from running the ads.

Yesterday, U.S. District Court Judge Paul Crotty denied the motion, which means Dish will be able to continue running the ads. Crotty ruled, however, that DirecTV may produce more evidence that Dish’s claim is unfair.

In response, DirecTV senior vice president of advertising and public relations Jon Gieselman said: “We are pleased that the court invited DirecTV to present evidence at a full hearing to demonstrate that Dish's advertising campaign is deceptive. We will vigorously pursue our lawsuit to prevent Dish Network from attempting to lure customers away from DirecTV through its blatantly misleading advertising campaign.”

DirecTV is the second-largest multichannel video programming distributor (MPVD), with more than 18 million customers; Dish is third with more than 13 million. The two frequently discuss merger but have never been able to consummate such a deal.

More Broadband Direct 2/17/10:
•  Time Warner Cable launches D3 in Cincinnati
•  Comcast invests in online video advertising firm
•  FCC sets back cable sports network owners
•  Class honors: Byrd, Dart 1st to certify in new SCTE program
•  Dish can keep tweaking DirecTV 
•  YuMe pulls in $25M of VenCap 
•  Motorola will pay Jha $38M if split fails
•  Tablets, smartbooks aim to fill PC-phone gap 
•  Google demonstrates phone that translates text
•  Looks can't kill but might control your phone
•  Broadband Briefs for 02/17/10

 

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