Cumulus Sued Over Alleged Copyright Infringement In WLUP 'Mouth' TV Commercial
April 27, 2015 at 4:20 AM (PT)
REMARK, LLC and CELESTIAL MECHANIX INC. d/b/a CMI FILMS is suing CUMULUS MEDIA in the U.S. Federal Court for the Western District of NEW YORK for copyright infringement, claiming that CUMULUS used a version of the "Remarkable Mouth" a/k/a "Hot Lips" television commercial without permission to promote Classic Rock WLUP/CHICAGO.
The suit says that CUMULUS has licensed the spot before as recently as 2003, but aired a spot promoting a FLORIDA vacation contest in 2014 that was not authorized but used the closeup of a woman's face and mouth turning into a lip sync in the manner of the original spot.
REMARK seeks actual or statutory damages of at least $150,000 plus interest, enhanced damages, and an injunction barring airing of the disputed spot from the alleged infringement.
If you're not familiar with the spot -- here's one KFOG ran in 1984: