Arbitron Sues Cleveland TV Station For Wrongful Use Of Data In Ad Also Featuring Pandora
January 29, 2013 at 4:01 AM (PT)
GANNETT owned WKYC-TV/CLEVELAND is being sued by ARBITRON, claiming the station used data attributed to ARBITRON that was not produced by the ratings company. The TV station does not subscribe to ARBITRON radio information, but quotes "ARBITRON information" in an ad campaign with webcaster PANDORA.
The ad piece in question, info being pitched to advertisers."Bringing Local Internet Radio Advertising to CLEVELAND!" combines WKYC-TV and PANDORA
ARBITRON claims, "WKYC-TV has willfully and intentionally infringed ARBITRON's copyrights by copying and distributing copyrighted audience estimates obtained from the ARBITRON Reports and Databases without authorization from ARBITRON. Moreover, WKYC-TV has infringed ARBITRON's trademarks by willfully and intentionally using the ARBITRON Marks in its promotional activities. WKYC has falsely represented that certain audience estimates were produced by ARBITRON when, in fact, those audience estimates were not produced by ARBITRON, causing confusion in the minds of the public."
ARBITRON notes in the complaint, "The Media Kit contains reproductions of ARBITRON's audience estimates and station ratings included in the ARBITRON Reports and Databases. Specifically, a page entitled 'PANDORA In CLEVELAND -- Demo Comparison' reproduces a list of ARBITRON's average quarter hour (AQH) audience estimates for nine radio stations the CLEVELAND market covering the period from JANUARY to JULY 2011, on MONDAYS to FRIDAYS from 6a to 7p for Adults age 18-49. At the bottom of the page is a statement that reads, 'Source: EDISON/ARBITRON research M-F 6a-7p Adults 18-49 CLEVELAND 7BK JAN11-JUL11 MSA ARB PPM."
The lawsuit was filed in U.S. District Court in DELAWARE.