DISH said it filed the complaint because Madden and Barkley reps have threatened imminent legal action over the national campaign. The spots feature comedian Frank Caliendo, star of TBS series "Frank TV," impersonating the 2 (see them at www.dishnetwork.com). Other famous faces lampooned in the campaign includewww.dishnetwork.com George W Bush and Al Pacino (not mentioned in the court filing). Caliendo, who is ID'd as a comedian in the spots, appears as himself side-by-side his impersonations, who tout DISH products.
So actually what's happening here is that DISH Network is going to court to get a ruling on the commercials; a preemptive strike against any potential litigation. How will it turn out? Hey, I'm no lawyer; Last year the government declared me legally dead, and sold my house. But I'm pretty sure that the fact that, in the ads, the real Frank Caliendo is standing right next to the fake Madden, should be a tipoff to any viewer who might be confused. Is there really anyone out there thinking "Hey, John Madden wants me to get rid of my cable hookup!"
But really I don't care what happens, as long as they don't mess with this one:
Meanwhile, I would advise Caliendo to get to work on his Alan Dershowitz impersonation.
* = May not be true.