As the age-old saying goes: nothing is new under the sun.
Needless to say there is a fine line between emulating an innovative idea and outright taking it, and broadcasting giant Radio One thinks Flinn Broadcasting has crossed that line.
Filing suit recently in a Tennessee court, Radio One has accused Flinn of trademark infringement, false designation of origin, deceptive acts and practices, and unfair competition.
The lawsuit stems from Flinn’s usage of the trademarked slogan “BOOM” in the rebranding of two of its stations, WOXF and WIVG, now known as “BOOMin 96,” that have switched over to the hot new classic hip-hop format. Radio One contends that two cease and desist letters were sent to Flinn GM Duane Hargrove, but Hargrove has failed to respond.
Apparently, the final straw came when Radio One discovered that Flinn had launched various smartphone apps tagged with the “BOOM” mark for music streaming capabilities.
Radio One’s suit hopes to block Flinn from continued use of the trademark and asks for an unspecified amount for statutory and punitive damages in addition to attorney fees and court costs.
