• by Joe Mandese  @mp_joemandese, November 28, 2023

Simulmedia this morning published a blog post of a cease and desist letter (see below) sent by its attorney Nov. 22 to OpenX asking it to discontinue using its "TV+" trademark.

The move makes good on Simulmedia CEO Dave Morgan's statement that it would take legal action against OpenX for violating its trademark. At that time, Morgan said that aside from protecting its TV+ trademark, he was concerned that OpenX's use of it might create market confusion between Simulmedia's premium CTV advertising inventory and the kind of "web video" and "out-stream video" OpenX has delivered to date.

Earlier this month, OpenX announced it was launching a CTV+ "initiative," and as part of that, was "removing all resellers and eliminating all non-TV content from its CTV inventory."

Asked to comment on Simulmedia's cease and desist letter and blog post this morning, an OpenX spokesperson said the company's legal team is based on the West Coast and that it likely would be delayed.