ESPN Fires Back: “No Theft, Just Competition”
Disney and ESPN counter that the NDA, signed Sept. 8, 2021, clearly stated neither side was barred from independently developing a competing app. Moreover, ESPN had already been conducting its own R&D in the same field, the motion says.
“The parties tried, failed to strike a deal, and then went their separate ways,” the memorandum argued. “Under no plausible reading does that make this a theft case.”
The defendants further dismissed SportsBubble’s claim that Where to Watch was a “carbon copy” of WatchSports. They argued that offering programming information and links to live events is a standard function shared by numerous companies — from Google to Amazon and Roku — making SportsBubble’s purported trade secrets neither unique nor protectable.
Fraud Allegations Called “Empty Speculation”
The startup’s fraud claims hinge on two ESPN employees’ statements expressing enthusiasm about a potential deal. Disney’s attorneys called these “non-factual expressions of interest,” not lies.
They added that SportsBubble itself “relentlessly pursued” the partnership, despite knowing ESPN was working on a similar service.
“Excitement is not a misrepresentation,” the motion said, underscoring the lack of fraudulent intent.
