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.

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