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In the war of words between CBS and Merlin Media in New York City, Merlin CEO Randy Michaels has agreed to stop using the phrases "All News, All The Time" and "We'll Give You The World" on WEMP after receiving a cease and desist letter from CBS lawyers. A return letter sent to CBS says while those phrases "do not infringe or otherwise violate any rights held by CBS" Merlin will stop using them because they are not significant in Merlin Media's advertising. The Merlin letter calls the use of such phrases "occasional ad libs." CBS had sent Merlin a letter last week threatening further action if WEMP continued to use the familiar CBS radio phrases. However, if you thought this was the end of it, think again. This is Randy Michaels after all.
The Merlin letter continues with a threat of its own. Michaels claims, unlike Merlin Media, CBS is in violation of
the law by falsely advertising services it offers at WINS. "In particular, announcers at WINS proclaim at the top of every hour that WINS is New York's One and Only news Station." Michaels says this statement is patently false and has been so ever since Merlin launched FM News 101.9 (WEMP) in New York in August of 2011. The letter gives CBS until today to "cease and desist from making these false advertising claims."
The Merlin letter says WEMP was simply identifying its competitors and highlighting advantages in the marketplace. "This advertising does not infringe or mislead consumers; rather it accurately compares Merlin Media's services to those offered by CBS. Merlin does not want to be perceived as CBS and 1010 WINS in any respect."
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