Verizon Denied Temporary Restraining Order Against Time Warner Cable

A federal judge denied Verizon Communications’ request for a temporary restraining order to block two Time Warner Cable TV spots mocking the telephone company’s FiOS services.

Verizon alleged the cable operator’s TV ads make “literally false” statements about its FiOS services, including implying that the FiOS TV service requires a satellite dish; that Verizon was late to adopt fiber-optic networking technology and that Time Warner Cable's fiber-optic network is superior.

Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York turned down Verizon’s request April 10, according to court records entered last Friday.

In arguing for a temporary restraining order, Verizon had said, “The false claims that FiOS consumers require a satellite dish to receive television service from Verizon and that Verizon’s FiOS TV service is unavailable in the New York DMA are especially devastating, as they strike at the heart of Verizon’s ability to compete with Time Warner on the provision of the all-important ‘triple play’ of television, Internet, and telephone services.”

Time Warner Cable has said the lawsuit is without merit and that the company will defend itself.

Kaplan scheduled a hearing on Verizon’s preliminary injunction motion for April 21 at 11:00 a.m.