U.S. District Judge Dean Pregerson of Los Angeles granted Lions Gate Entertainment's motion for reconsideration and now is denying the Ameritrade/Havas Worldwide motion to dismiss Lions Gate's trademark dilution litigation, reversing his March dismissal order. In the new order (in Pacer) entered Tuesday, Pregerson said his previous order partially granting the Ameritrade/Havas motion to dismiss did rely -- as Lions Gate argued in its motion for reconsideration (see 1607120017) -- on an outdated statement of law, and the 1006 Trademark Dilution Revision Act now says it isn't necessary to show a junior mark is identical or nearly so to a senior mark. While the Ameritrade/Havas advertising in question used a slogan that was similar to but not identical to the Dirty Dancing line "Nobody puts Baby in a corner," to which Lions Gate holds the trademark rights, that threshold of being identical is no longer applicable as long as they're similar, Pregerson said. Ameritrade didn't comment Wednesday.
Despite a loss of 11,000 video customers in Q2, Mediacom ended the quarter with 13,000 additional customers on broadband and phone customer growth, it said Tuesday, announcing Q2 results. Mediacom said it ended the quarter with 842,000 video customers, 1.23 million high-speed data customers and 454,000 phone customers. Revenue rose 4.4 percent to $450.8 million, with big growth in high-speed data and in business services offsetting declines in video, phone and advertising revenue, it said. After expenses, free cash flow rose 7 percent to $55.6 million.
Liberty Global signed a deal with All3Media for creation of original content for its European, Latin American and Caribbean customers, Liberty said in a news release Tuesday. Liberty said the deal is for four original drama series over the next two years, with the series to be made available on demand to subscribers. All3Media production companies will produce the series, Liberty said. Liberty and Discovery are joint partners in All3Media, and Liberty and Discovery also renewed their distribution agreement, Liberty said in a separate news release Tuesday. That renewal will keep Discovery networks on Liberty's cable lineups in 12 European nations, and includes digital rights for accessing that programing on various devices and out of the home, Liberty said. Liberty said the deal also includes full Olympic Games coverage through Discovery's Eurosport network.
Comcast violated Washington state’s Consumer Protection Act nearly 2 million times, alleged a lawsuit by Attorney General Bob Ferguson. Ferguson filed the suit Monday in King County Superior Court. Comcast allegedly misrepresented the scope of its service protection plan, charged customers improper service call fees, practiced improper credit screening and deceived customers with its company guarantee, the AG said in a Monday news release. Comcast allegedly misled 500,000 Washington consumers into paying $73 million in subscription fees over five years for a “near-worthless” protection plan, the AG said. The plan doesn’t cover repairs to any wiring inside a wall, which comprises “the vast majority of wiring inside homes,” it said. The suit seeks $73 million in restitution, plus about $1 million for improper service call charges and up to $2,000 per violation of the Consumer Protection Act. The AG also sought a court order requiring Comcast to remove improper credit checks from the credit reports of more than 6,000 customers and an injunction requiring the cable company to clearly disclose limitations of its protection plan in advertisements and through representatives, to stop improper charges and to implement a compliance procedure for improper credit checks. The AG's office informed Comcast of the issues more than a year ago, but the company didn’t start making changes until it was on “the verge of this litigation,” it said. “This case is a classic example of a big corporation deceiving its customers for financial gain,” Ferguson said. “I won’t allow Comcast to continue to put profits above customers -- and the law.” We “will vigorously defend ourselves,” a Comcast spokeswoman said. The protection plan at issue covers more than 99 percent of repair calls, she said. “We worked with the Attorney General’s office to address every issue they raised, and we made several improvements based on their input. Given that we were committed to continue working collaboratively with the Attorney General’s office, we’re surprised and disappointed that they have instead chosen litigation.”
Comcast's creation of a mobile division, plus its activation of the Verizon mobile virtual network operator and participation in the broadcast incentive auction (see 1510270041) indicate it's potentially getting into the mobile business, said Credit Suisse analyst Omar Sheikh in a note to investors Monday. A mobile product offering would help strengthen ties to existing customers and allow potential growth with new ones, Sheikh said. Saying Comcast's X1 platform investment is "paying off," he raised the target price on Comcast from $69 to $75. Sheikh said the 90,000 video subscribers added in the past 12 months are driven largely by X1 and its increasing customer engagement and cutting churn. With only 40 percent of Comcast's video customer base penetrated, Sheikh said, "we see the significant investment in the rollout driving further improvement in cable video operating and financial metrics over the long term."
Nokia finished its takeover of Gainspeed, a California startup with a virtual converged cable access platform (CCAP) line, in a bid to broaden its cable access product portfolio and give it a broader footprint there, it said in a news release Monday. Gainspeed will be part of its Fixed Networks business group, Nokia said. Financial terms of the deal announced in June weren't made public. Nokia previously said virtual CCAP is intended to help cable operators increase the capacity of their existing hybrid fiber coaxial infrastructure while cutting headend space and power requirements.
CBS and some production companies are close to mediation talks with parking production attendants suing them for unpaid overtime wages. A memo endorsement (in Pacer) filed Thursday in U.S. District Court in Manhattan said counsel for the two sides have been discussing potential resolution and are selecting a mediator for a proposed mediation in August; also in that filing, U.S. District Judge Paul Gardephe approved a Sept. 15 deadline for a joint status letter updating on where such mediation talks are. The attendants -- who are charged with securing lots and streets during productions being shot in the New York City area -- in their complaint (in Pacer) asked for unspecified lost compensation and damages. Named as plaintiffs in the suit were CBS TV Studios, CBS Broadcasting, Eye Productions and Possible Productions.
Former Fox News host Gretchen Carlson and former Fox News CEO Roger Ailes are accusing one another of forum shopping in their fight over whether Carlson's sexual harassment claim against Ailes should be arbitrated or go to court. Carlson "is engaged in the ultimate forum shopping" by filing her sexual harassment claim in New Jersey state court, even though neither she nor Ailes lives there, and citing New York City law, while being required to bring claims to arbitration at the American Arbitration Association in New York City, Ailes said in a memorandum in opposition to Carlson's application for a temporary restraining order. Preliminary injunctive relief should be denied since Carlson can't demonstrate a likelihood of success on the merits, irreparable harm if she doesn't get injunctive relief, a balance of hardship tipped in her favor or that such an injunction is in the public interest, Ailes said in the filing (in Pacer) Tuesday in U.S. District Court in Newark, New Jersey. Carlson, in her application (in Pacer) for order to show cause filed earlier this month, asked the court to restrain Ailes from pursuing the petition under the Federal Arbitration Act he filed in U.S. District Court in Manhattan (see 1607180019). In that application, Carlson said that Ailes waived venue issues in his motion to compel arbitration when he omitted any claim the venue was more properly New York than New Jersey and that his filing in New York "amounts to prohibited judge-shopping and forum shopping."
A pair of courtroom sketch artists dropped their copyright infringement claims against HBO and two documentary film companies, said a notice (in Pacer) of voluntary dismissal filed Tuesday in U.S. District Court in Manhattan. Terms of any settlement weren't made public. The mother-daughter team, Shirley and Andrea Shepard, sued HBO, Broad Street Review and Covert Productions in June for the documentary The Newburgh Sting, which allegedly incorporated four of the Shepards' sketches without license or permission. HBO bought the film -- which dealt with the arrest, trial and 2010 conviction of four terror suspects in Newburgh, New York, -- and began airing it in 2014, said the suit (in Pacer).
Expect continuing rate increases and broadcaster-led blackouts with FCC Chairman Tom Wheeler's decision earlier this month to end its consideration of changes to the totality of circumstances test in good faith negotiating, panelists said Tuesday at the Independent Show, co-hosted by the American Cable Association (ACA) and the National Cable Television Cooperative in Orlando. An ACA news release said Shentel Vice President-Industry Relations and Regulatory Chris Kyle said small multichannel video programming distributors (MVPD) must begin educating consumers and regulators about broadcast stations' increase fee demands before next fall's round of retransmission consent negotiations. "There will be more blackouts," ACA President Matthew Polka said. "There will be more price gouging by broadcasters. Government will have no choice but to enter this discussion whether they like it or not and we're going to make sure that happens." MVPDs and allies expressed dismay when Wheeler said the agency wasn't making any retrans rule changes (see 1607140047).