Merlin Media Fires Back At CBS, Issues Own C&D
January 23, 2012 at 1:52 PM (PT)
MERLIN MEDIA's RANDY MICHAELS and his legal team at LATHAM & WATKINS have fired back a response to the cease-and-desist letter sent last week (NET NEWS 1/19) over MERLIN News WEMP (FM NEWS 101.9)/NEW YORK using a variant on crosstown CBS News WINS-A/NEW YORK's trademarked slogan "You give us 22 minutes, we'll give you the world." The letter defends MERLIN's use of a version of the slogan in a promo and hits back at CBS for a slogan it calls "patently false."
In the letter, MERLIN defends its rights to advertise and highlight competitive advantages in the marketplace and to use "occasional ad libs of common phrases like 'all news all the time' or 'we'll give you the world' claiming it does "not infringe or otherwise violate any rights held by CBS." It goes on to note that "these phrases are not significant to MERLIN MEDIA's advertising ... MERLIN MEDIA will endeavor to stop using them in the future."
Merlin: WINS Slogan 'Patently False'
MERLIN goes on to ask for its own cease-and-desist against CBS claiming "CBS has engaged in repeated violations by falsely advertising the services it offers at WINS. In particular, announcers at WINS proclaim at the top of every hour ... that WINS is 'NEW YORK's One And Only All News Station."
"This statement is patently false and has been ever since MERLIN MEDIA launched FM NEWS 101.0 (WEMP) in NEW YORK in AUGUST 2011." MERLIN is asking for CBS to cease and desist use of the promo by JANUARY 24th.
For a look at MERLIN's letter to CBS requesting a cease and desist, just click here.
CBS SVP/Communications KAREN MATEO commented, "We are pleased they have decided to discontinue their infringement of decades old and widely recognized CBS trademarks. All legal claims aside, we will continue to go about our business as the No. 1 and undisputed leader in NEW YORK radio news."