UPDATE, 10:51 AM: Aereo spokesperson Virginia Lam says the company is “disappointed that the judge declined to rule on the merits on an emergency basis” but adds that it is “confident that when the merits are considered in connection with a preliminary injunction motion, Aereo will prevail.”
PREVIOUS, 8:14 AM: U.S. District Court Judge Audrey Collins yesterday denied “without prejudice” the temporary restraining order that Aereo requested as part of its trademark infringement suit against FilmOn‘s Alki David. Aereo is suing FilmOn and David for creating a site called Aero.tv that streams broadcast station programming — much like Aereo’s service. “By intentionally selecting a name that is confusingly similar to Aereo’s mark, Defendants are likely to confuse and divert consumers, inducing them to use Defendants’ business rather than Aereo’s,” the suit alleges. The company, backed by IAC chief Barry Diller, wants the U.S. District Court in Los Angeles to bar David from using the Aero name, transfer the Aero.tv domain to Aereo, and pay court costs and triple damages. David had already sued Aereo saying he has the right to its name after he recently picked up the trademark to a product called “WinTV-Aero-m” that’s been around since 2011. He warns there’ll be “another barrage of lawsuits” if Aereo doesn’t comply.