NCR Sues Blockbuster Trust Over Movie Kiosks

CK SatGuy

Formerly ckhalil18
Feb 7, 2011
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From Bloomberg:
NCR Corp. (NCR) sued a trust set up by Blockbuster Inc. (BLOAQ) in a bid to continue licensing the company’s name for movie-rental kiosks.
The Blockbuster Express name, design and related trademarks are held by the BB 2009 trust, NCR said in the lawsuit filed in U.S. District Court in Wilmington, Delaware. Blockbuster, once the largest video-rental chain, sold its assets to Dish Network Corp. in April for about $320 million.
Dish rejected the NCR contract and sent the company a termination letter, NCR said. NCR, based in Duluth, Georgia, builds kiosks, often placed in grocery and convenience stores, where customers can rent and drop off movies. The company, which branded more than 9,000 kiosks with the Blockbuster name, pays for use of the brand and collects all revenue from rentals.
“NCR has undertaken significant time and expense in establishing and operating kiosks throughout the United States branded with the trademarks, and has earned substantial revenues from those operations,” Melanie Sharp, an attorney representing NCR, said in court papers filed May 27.
Blockbuster transferred its interest in the trust to Dish as part of its asset sale, according to court papers. NCR contends that the trust wasn’t included in the sale because it wasn’t part of Blockbuster’s bankruptcy filing. In addition, only the trust has the right to terminate the license, not Dish, NCR claims.
Marc Lumpkin, a Dish spokesman, didn’t immediately respond to an e-mail seeking comment. Dish, based in Englewood, Colorado, is the second-largest satellite-television provider in the U.S.
The case is NCR Corp. v. BB 2009 Trust, 11-cv-481, U.S. District Court, District of Delaware (Wilmington).
http://www.bloomberg.com/news/2011-...ights-to-use-name-on-movie-rental-kiosks.html
 
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Willh699

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May 20, 2009
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and Dish Network lawyers have a new lawsuit to deal with, is it me or does Dish like to get sued alot, Disney, TiVo and now this one. shakes head.
 

Tampa8

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"Blockbuster transferred its interest in the trust to Dish as part of its asset sale, according to court papers." That's all you need to know.
 

DishSubLA

SatelliteGuys Master
Apr 9, 2006
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and Dish Network lawyers have a new lawsuit to deal with, is it me or does Dish like to get sued alot, Disney, TiVo and now this one. shakes head.
It's not just Dish being sued all the time; they are ALL (MVPD's) sued ALL the time and no more or less than Dish. You just don't here about on this forum. TiVo is being sued, DirecTV--all of them

Now, to make it worse all major companies in every field are also sued ALL THE TIME! It is who things work today. Filing a suit gains the plaintiff a bit of leverage in hopes of being paid off (settlement) if they can't get their business (TiVo suing anyone who won't even discuss the possibility of including TiVo in its MVPD plans) or if a company won't pay for supposed patents.

Business as usual.
 

Scott Greczkowski

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Sep 7, 2003
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From what I am hearing DISH wants to work with NCR and keep those machines out there... they however want to renegoitate the contract.
 

Laddyboy

SatelliteGuys Pro
Dec 12, 2006
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I guess many of you have never owned businesses where contracts are an issue. Where there are contracts, there are lawsuits. How else are contract disputes supposed to get settled? Either the courts settle them or the leverage from bringing suit causes one or both parties to settle, usually with another contract.
 
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