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Wednesday, January 28, 2015

Radio One Files Lawsuit Against Flinn Broadcasting Over Boom


They believe they created the new "BOOM" (Classic Hip Hop) format and they are going to do everything in their power to protect it. Radio One has filed a copyright infringement lawsuit in the Western District of Tennessee against Flinn Broadcasting. Flinn is based in Memphis and owns 32 radio stations in 13 states. Two of those stations, WOXF-FM in Oxford, Mississippi, and WIVG-FM in Memphis/Tunica are now called "BOOMin 96" and, yes, the format is Throwback Hip Hop.

Radio One says that's just a little too close to a brand it created and has gotten national recognition from The New York Times and Rolling Stone. BOOM is actually registered to CBS, which has used it for some of its radio stations from 2008 to 2014. CBS assigned the BOOM moniker to Radio One in December of 2014 and Radio One has been rolling out the Classic Hip Hop using the BOOM moniker on stations in Houston, Philadelphia, Atlanta, and Dallas. Radio One says Flinn started using BOOMin on December 7, 2014. Radio One flipped to the BOOM format in Houston on October 8, 2014. The logos certainly look quite similar (the Radio One logo is on the bottom).

On December 17, 2014, CBS sent a letter to Duane Hargrove, general manager of WIVG, demanding the station stop using "its confusingly similar 'Boomin 96' marks"  in connection with WIVG-FM 96.1 or any other Flinn Broadcasting station in light of CBS? ownership of the BOOM marks. A second letter was sent to Hargrove on January 6. There was no response. Radio Ink also tried to reach Hargrove by e-mail on Thursday but never heard back.

Among the relief Radio One is seeking from the court within 30 days: an injunction preventing Flinn from using BOOM, the destruction of all products bearing the BOOM logo, to disgorge all profits and other gains obtained as a result of the use of BOOM, and an unspecified dollar amount for damages Radio One has suffered as a result of its infringing activities, attorneys' fees, and other court-related costs.

Read the entire court filing HERE

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