In The Battle Of 'Woodstock,' No Winner Between WDST And WIOF-LP
October 14, 2016 at 4:14 AM (PT)
The battle between CHET-5 BROADCASTING Triple A WDST (RADIO WOODSTOCK 100.1)/WOODSTOCK, NY and BIRDS OF A FEATHER MEDIA LTD low-power Variety WIOF-LP/WOODSTOCK over the handle "WOODSTOCK," is over -- and there's no winner. A U.S. District Court has dismissed a case brought by WDST that claimed WIOF had infringed on the “RADIO WOODSTOCK” trademark by using “WOODSTOCK 104” to identify itself.
THE DAILY FREEMAN reports, "Senior U.S. District Judge FREDERICK SCULLIN JR. issued the ruling SEPT. 19th after 'an agreement of the parties' was reached to end the case. He wrote that it was 'with prejudice' and would prevent the case from being brought again. The resolution leaves WIOF free to continue identifying itself as 'WOODSTOCK 104'."
“There was a stipulation that each side would bear its own court costs and expenses, which we had intended to collect from them because it was their mess,” WIOF GM RANID STEELE told the paper.
But WDST Pres. GARY CHETKOF explained to the paper that the use of “WOODSTOCK” was copyrighted by his station, but said the cost of the litigation had become too much.
“Frankly, (WIOF) had a pro bono attorney and, after spending tens of thousands of dollars, I had no alternative but to just give up,” CHETKOF said. “I think if I had gotten to go to court, I would have won and I wanted to go to court and I just couldn’t afford to do it, so, at the end of the day, (it is) a low-power radio station that nobody listens to and ... I had to make a business decision that it wasn’t worth putting more money and resources into this thing.”