Lawsuit Pits KORN-A/Mitchell, SD Owner Against 'KORN Country 92.1'
June 2, 2015 at 3:59 AM (PT)
RIVERFRONT BROADCASTING has filed suit in U.S. District Court for the Northern District of IOWA against MAIN STREET BROADCASTING, INC. and LYNN KETTELSON for service mark infringement over the name "KORN" for radio. The suit alleges violations of the LANHAM Act, cybersquatting, unfair competition, and bad faith.
RIVERFRONT owns News-Talk KORN-A/MITCHELL, SD; in a 13-page complaint, the plaintiff alleges that MAIN STREET's Country KKOR (KORN COUNTRY 92.1)/WASECA-OWATONNA, MN is using the name "KORN COUNTRY" on the air in violation of its service mark rights.
The suit notes the use of the calls on the MITCHELL station since 1950 and the permission granted the producers of "HEE-HAW" by RIVERFRONT's predecessors to use the name in DON HARRON's comedy bits on the CBS and syndicated Country show. RIVERFRONT also terms MAIN STREET's KORN92.com a "pirated domain" and says that it sent two cease and desist letters to which it has received no response.
The suit seeks damages plus transfer of the website domain to RIVERFRONT.