DBS Marketer Loses in Bid for Stay in Damages During 4th Circuit Appeal

The 4th U.S. Circuit Court of Appeals denied a bid by a direct broadcast satellite marketing firm for a stay of enforcement of the $610,560 damages it was ordered to pay DirecTV while its appeal of those damages is decided (see 1605040020). In the order (in Pacer) Friday, the 4th Circuit three-judge panel said only it denied Exclaim Marketing's motion. But in its memorandum (in Pacer) in opposition last month, DirecTV argued the U.S. District Court in New Bern, North Carolina, previously denied Exclaim's request for relief and that should stand since the motion wasn't based on any new facts or changed circumstances, that there was no basis for a stay since Exclaim hadn't posted a full bond and that minus that bond Exclaim had the burden of proposing an alternative means of securing the judgment, which it failed to do. Exclaim sued DirecTV in 2015, alleging deliberate interference in Exclaim's business relationships with independent satellite dealers, with the court ultimately overturning the jury's verdict that was in Exclaim's favor and awarding DirecTV its trademark infringement counterclaim. Exclaim didn't comment Monday.