Univision Complains About, Sues Over, Dish Post-Blackout Marketing

Univision is complaining to the FCC and FTC about -- and suing Dish Network over -- advertising by the direct broadcast satellite company featuring Univision, even though its content went dark on Dish at June's end (see 1807020030). Dish said the marketing materials were an oversight. In a letter dated Monday to the agencies' chairmen, Univision said Dish made "excuses" for its materials but continued to market Univision program services months after they were dropped and Dish should waive cancellation fees for customers who signed up since June 30 and release from contract customers who had watched the broadcaster extensively. In a docket 17-cv-05148-AJN-OTW amended answer and counterclaim (in Pacer) last week in U.S. District Court in Manhattan, Univision alleged Dish did false advertising, breached a contract and infringed trademarks for advertising on its website and on flyers and the site of a Dish retailer that Dish still distributed Univision services. Dish sought unspecified damages and permanent injunction against using Univision logos and marks when it doesn't have a right to distribute that programming. Dish emailed it's "a business dispute," with Univision demanding "considerably" higher fees "despite a material decline in its overall ratings." It said when channels went dark, it tried to remove references on marketing materials and websites, but the logos of some Univision channels were inadvertently left on regarding a package and have been removed. It's providing its DishLatino customers with a $5 monthly credit, replacement content and antennas in select markets.