The freewheeling head of FilmOn has to stop using names including Aereokiller and BarryDriller.com for his broadcast streaming service according a settlement overseen by U.S. District Court Judge Audrey Collins. The decision appears to end three lawsuits: Last year IAC chief Barry Diller — a major investor in Aereo — sued David for creating a site called BarryDriller.com. In February, David returned fire, suing Aereo for trademark infringement after he bought the naming rights to a product called Aero. And in March, Aereo sued David for creating a site called Aero.tv. Like Aereo, FilmOn streams programming taken from over-the-air signals — and has also incurred the wrath of broadcasters who say that it violates their copyrights. A New York court has allowed Aereo to expand while it weighs the broadcasters’ challenge. But in December a California court granted a temporary injunction that applies locally against David’s service. Even so, he says that with the trademark settlements FilmOn now “can continue rolling out our service nationwide. We are currently in 45 markets compared to Aereo’s two.” He adds in a statement: “So eat s*it Barry.”
By DAVID LIEBERMAN, Financial Editor | Tuesday May 21, 2013 @ 3:26pm EDTTags: Alki David, Barry Diller, FilmOn
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