It wouldn’t be the end to another week in tech without another copyright lawsuit. According to the Hollywood Reporter, Aereo board member and IAC chairman Barry Diller is once again taking FilmOn CEO Alki David to court, this time for trademark infringement.
You’ll remember that the two previously met in court when Mr. Diller sued Mr. David for violating his publicity rights and implying a false endorsement when Mr. David created barrydriller.com and aereokiller.com. Then last month Mr. David countersued, saying that he had originally used the term “Aero” in his company long before Aereo was on the market, and that in fact Aereo were the ones doing the infringing.
Well now Aereo is suing again, claiming that FilmOn, “have devised a scheme to launch what they claim is a competing business called ‘Aero.'”
As the Hollywood Reporter mentions, the lawsuit claims that Mr. David said he’d been using “Hauppauge WinTV-Aero-M” in the marketplace before Aereo, but prior to the filing of his lawsuit last month, neither “defendants nor their licensor had previously utilized the term ‘Aero’ separate and apart from the ‘Hauppauge WinTV-Aero-M’ name.”
The very mature Mr. David claims he’d ”been using the name Aero well ahead of Baboon or whatever they called themselves before.”
Although both companies could eventually be the subject of a Supreme Court case over the constitutionality of online live streaming, we think it’d be much more entertaining if they could just continue publicly slinging insults at each other.