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Cromwell Sues Fusion Media Over ‘Party 103.3’ Moniker.

Y2kTheNewOldies

Y2kTheNewOldies

www.insideradio.com

Cromwell Sues Fusion Media Over ‘Party 103.3’ Moniker.

The Cromwell Group is suing Fusion Radio in federal court claiming Fusion is using the “Party” moniker, which the Tennessee-based radio group has registered as a service mark since 1999.
www.insideradio.com www.insideradio.com

Woah this is an interesting case given that I never knew these brandings go beyond the local markets. In this case Cromwell is suing a rival owner over the rights to use a branding as a trademark.


The Cromwell Group is suing Fusion Radio in federal court claiming Fusion is using the “Party” moniker, which the Tennessee-based radio group has registered as a service mark since 1999. The suit was filed in U.S. District Court in Nashville as a civil action for trademark infringement, unfair competition, and cybersquatting. Cromwell is seeking monetary relief of at least $75,000.

The case revolves around “Party 103.3,” which Fusion Media launched in September as “Toledo’s Hits & Throwbacks” on WPAY (1520) Toledo and the city-licensed translator W277B1 at 103.3. (Fusion is in the process of selling WPAY to Relevant Media for $500,000 and “Party 103.3” programming is now originating on WTOD-HD2.)

The Cromwell Group used the “102.5 The Party” branding on WPRT Nashville from 1996 to 2005 and had both the name and logo for “The Party” federally registered as a service mark for radio broadcasting services on March 30, 1999. The registration was renewed for ten years in 2019. The company continues to use the service mark on two of its CHR stations in Illinois, “93.1 The Party” WYDS Decatur and “104.3 The Party” WCBH Casey. It also licenses “The Party” to other radio groups in Iowa, Florida, and Colorado.
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Y2kTheNewOldies said:
Woah this is an interesting case given that I never knew these brandings go beyond the local markets. In this case Cromwell is suing a rival owner over the rights to use a branding as a trademark.
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One of the issues in the last 25 years has been the ability of the Internet to make a local brand become, de facto, national. So a station called "The Raccoon" in Caribou, Maine, can prevent one in the Upper Peninsula of Michigan from using that name if their programming is streamed and the registration is ample enough.
 
I did a search on the government site, and didn't see their trademark on the word "party" or "the party" listed. It's possible the trademark has expired or was deemed "abandoned" because they didn't keep it active or renew it after 2005.
 
TheBigA said:
I did a search on the government site, and didn't see their trademark on the word "party" or "the party" listed. It's possible the trademark has expired or was deemed "abandoned" because they didn't keep it active or renew it after 2005.
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Look closer, Cromwell has had "The Party" trademarked since December 1997. Issue here is that the Toledo station is just "Party", might be a loophole to exploit.

Also Cromwell sued the owner of the translator, but apparently not the group LMA'ing or Delmarva Educational Association, whose WTOD-HD2 originates the programming via LMA as well.
 
DavidEduardo said:
One of the issues in the last 25 years has been the ability of the Internet to make a local brand become, de facto, national. So a station called "The Raccoon" in Caribou, Maine, can prevent one in the Upper Peninsula of Michigan from using that name if their programming is streamed and the registration is ample enough.
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I thought local rights are an issue when call letter or radio brandings are used. In the case of KISS-FM Brand its notable that Iheart uses it for its flagship station in KIIS-FM Los Angeles and other Iheart stations that run HotAC or CHR formats in other arts of the country. The Iheart ones are modeled after the Los Angeles edition. Apparently in this list there are non Iheart stations that use the KIIS and KISS-FM branding for local rights.

Note KISS-FM in San Antonio is an active rock station owned by Cox Media and the San Antonio edition has used KISS-FM since 1946.





 
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lanceventa said:
Look closer, Cromwell has had "The Party" trademarked since December 1997. Issue here is that the Toledo station is just "Party", might be a loophole to exploit.
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Tried again and still don't see it. But I agree with your loophole if "party" isn't included in Cromwell's trademark.
 
Y2kTheNewOldies said:
I thought local rights are an issue when call letter or radio brandings are used. In the case of KISS-FM Brand its notable that Iheart uses it for its flagship station in KIIS-FM Los Angeles and other Iheart stations that run HotAC or CHR formats in other arts of the country. The Iheart ones are modeled after the Los Angeles edition. Apparently in this list there are non Iheart stations that use the KIIS and KISS-FM branding for local rights.

Note KISS-FM in San Antonio is an active rock station owned by Cox Media and the San Antonio edition has used KISS-FM since 1946.
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Brands can be trademarked, call letters cannot as federally licensed identifiers that are not owned by the user.

There is also a difference between federal trademarks and statewide ones. KISS-FM is not trademarked nationally as first use was different in each state. But it is trademarked on the state level.

There are also cases where a trademark has build-outs for previous use. For example, EMF has the trademark to "K-Love" nationally with the EXCEPTION of counties within the Los Angeles, Dallas and Houston metropolitan areas. In LA, it came to an agreement with Univision to brand their KKLQ as "The K-Love for Christian Music", but does not use the brand name in any of its visual marketing. Univision also retains the rights in Houston, while Audacy holds it in Dallas.
 
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