Dish, Reseller at Odds Over Dishnet Trademark, Domain Assets
Dish Network doesn't deny that a lower court used improper summary judgment evidence in its ruling in a trademark infringement claim (see 1704130013) and that evidence should have been disregarded, appellant Dishnet Satellite Connections said in a docket 17-1110 reply…
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brief (in Pacer) Friday with the 10th U.S. Circuit Court of Appeals. At the very least, Dishnet said, the factual dispute should have made summary judgment improper. Dishnet also said there's uncontroverted evidence that Kathy King used the Dishnet trademark for years, making her the senior user, and the summary judgment should be reversed. Appellee Dish, in its brief (in Pacer) in December, said the complaint by Dishnet and owner King is a straightforward breach-of-contract case, and her Digital Satellite Connections (DSC) -- which she created the day her contract as a Dish-authorized retailer expired and to which she transferred the trademarks and domain names in question -- wasn't a bona fide purchase and thus can't claim title to the property. Dish also said the appellants don't directly dispute the lower court acted in its discretion ordering King and DSC to transfer the assets to Dish.