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POLICY REGARDING USE OF DIRECTV TRADEMARKS (AND COLORABLE VARIATIONS THEREOF) AS ONLINE SEARCH ENGINE ‘KEYWORDS’

February 1, 2009

NOTICE OF SETTLEMENT TO PARTICIPANTS IN THE DISH NETWORK AFFILIATE MARKETING PROGRAM DISH Network L.L.C., formerly known as EchoStar Satellite L.L.C. (“DISH”), and DIRECTV, Inc. (“DIRECTV”) have agreed not to use each other’s trademarks, including but not limited to DIRECTV and DISH Network, as “keywords” to trigger sponsored links on any online search engine (e.g., Google Adwords®) until the United States Supreme Court or the United States Congress definitively establishes whether this practice is legal.

We also have agreed that, until such a determination by the United States Supreme Court or the United States Congress, neither DIRECTV nor DISH will use any “substantially similar or colorable imitations” of each other’s trademarks as online search engine “keywords”. Some examples of “substantially similar or colorable imitations” of DIRECTV trademarks include, but are not limited to, the following: DIRECTTV, DIRECT TV, DIRETTV, DRECTV, DIREKTV, DIWECTV, DIRECTLY TV, DURECTV, DIRECTGV, DILECTV, www.directtv.com, www-directtv-com, and www.dircttv.com. However, this list is not exclusive and other misspellings or variations of DIRECTV would also be covered.

We encourage you to follow our example and refrain from purchasing terms trademarked by DIRECTV or “substantially similar or colorable variations of such term” unless you are authorized to do so by DIRECTV.

Should you choose to ignore our suggestion, you should know that DIRECTV and DISH each take the protection of their intellectual property rights, including rights in their respective trademarks, very seriously and will take appropriate action to enforce those rights.

Thank you for your attention to this matter.

Updated 01/06/2009


 
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