In a perfect world, FilmOn’s Alki David would stop fooling around with personal and corporate names and let the courts deal with serious questions instead of whether he’s done something to sully someone’s reputation or infringe on a trademark. But since we live in an imperfect world, some poor judge now may have to spend time deciding whether David or streaming service Aereo has a right to be aggrieved about the use of a corporate name. David recently picked up the trademark to a product called “WinTV-Aero-m” and sued Aereo for trying to “free-ride off the valuable goodwill developed and associated with the name ‘Aero.’” Now 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 says that if Aereo wants to “sue me or anyone else for freedom of speech then bring it on.” Last year a court enjoined David from maintaining a streaming site that he called BarryDriller.com. In addition the major broadcast networks sued David for infringing on their copyrights at his streaming site called Aereokiller.
Subscribe to Deadline Breaking News Alerts and keep your inbox happy.