Netflix
responds to Verizon’s C&D. For those not keeping track, it started when
Netflix started sending error message to certain Verizon customers experiencing
playback difficulties, telling them that the Verizon network was slow. Verizon
responded angrily, threatening suit and demanding details on which customers
received these messages—but the letter was released publicly, which is itself an
interesting strategic choice worthy of study. Netflix, unsurprisingly,
continues to fight in the court of public opinion, releasing its own response
to the C&D while also saying that the messages were part of a “test” scheduled
to end soon. Review question: after Lexmark, could there be Lanham Act liability
for Netflix—sort of a noncompetitor, sort of a customer—for saying nasty things
about Verizon?
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| Netflix error message indicating Verizon network is congested |
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