Barry Diller sues over BarryDriller.com website

IAC mogul claims violation of publicity rights and cybersquatting

Barry Diller has joined the list of litigants against Internet TV distributor Barrydriller.com and its founder Alki David.

Diller, chairman of tech conglom IAC, filed suit Tuesday in Los Angeles federal court, alleging a violation of his publicity rights and “cybersquatting.”

Diller is an investor in tech startup Aereo, which offers users content from broadcast networks on Internet-enabled devices. David started the irreverently titled Barrydriller.com to offer similar services.

“Seeking to unfairly capitalize on the new business venture supported by plaintiff, defendants devised a scheme to launch what they characterize as a competitive business … defendants’ actions are designed to divert consumers from the business supported by plaintiff to defendants’ business,” the complaint alleges.

Diller is seeking an injunction to prevent David from using his name to operate any commercial website and even wants to assume ownership of domain Barrydriller.com; he’s also seeking punitive and exemplary damages to be determined at trial.

Diller joins Fox in litigation against David, an entrepreneur undeterred by previous failed attempts to stream broadcast content. In 2010, a New York federal judge halted David’s effort to offer major network affiliates’ broadcast signals via website FilmOn.com.

Fox filed suit Aug. 10 against Barrydriller.com in federal court, charging that the site violates its right of public performance by streaming the signal of its Los Angeles O&O KTTV to subscribers without authorization.

Diller is repped by Manatt, Phelps and Phillips.

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