Some two weeks after broadcast networks, led by Fox, filed lawsuits against streaming site BarryDriller.com alleging copyright and trademark infringement, media mogul and IAC chairman Barry Diller – backer of the Aereo TV streaming service – has filed a lawsuit in California federal court against site creator Alki David for violating publicity rights and false endorsement.
Earlier in August, Diller joked about Barrydriller.com’s competitor status against Aereo, saying:
“I had hoped that if they steal my name they’d do it for something more provocative.”
He is now claiming the site is using his name unfairly to gain notoriety, saying it is designed to “confuse and divert” viewers from Aereo. The suit notes that BarryDriller.com purports to offer an identical service to Aereo, which allows users to watch over-the-air television broadcasts on devices connected to the Internet.
The complaint says that Alki David’s operation is:
Seeking to unfairly capitalize on the success of the new business venture supported by Plaintiff, Defendants devised a scheme to launch what they characterize as a competing business called ‘BarryDriller.com. Defendants are using Plaintiff’s name in their ‘BarryDriller.com’ business to (1) associate their service with Plaintiff, and (2) mislead the public into believing that Defendants’ service has been judicially sanctioned.
David called Diller’s suit ridiculous and added that the mogul “hasn’t had this much attention in 30 years” and that “he should be grateful for the homage to him”.