A Colorado judge has set an April 9 scheduling conference on EchoStar’s bid to have its “Frank TV” commercials, which parody sports commentators John Madden and Charles Barkley, deemed legal.
U.S. District Court Judge Boyd Boland in Denver has set the session on the complaint that EchoStar filed last month regarding the ads for Dish Network.
EchoStar wants the court to declare that the spots, which feature comedian and impressionist Frank Caliendo, star of TBS’sFrank TV,don’t infringe on any trademark or privacy rights of either Madden or Barkley.
“The advertisements involving Mr. Caliendo are parodies and caricatures protected by the First Amendment,” EchoStar said in its complaint.
EchoStar went to court for protection after representatives of both Madden and Barkley threatened to take legal action against the satellite provider for running the TV ads, which parody both men.
“Mr. Caliendo’s impressions of Mr. Madden and Mr. Barkley are intended to be, and are, obvious and humorous parodies and caricatures of some of the traits of Mr. Madden and Mr. Barkley,” EchoStar said in its complaint.
“Mr. Caliendo’s parodies and caricatures of Mr. Madden and Mr. Barkley do not create any likelihood of confusion, or suggest or imply that Mr. Madden or Mr. Barkley sponsor or promote Dish Network,” the complaint said.
