> "Jack" is a copyrighted name and format by some guy in
> Colorado I think. The "Bob FM's" are licensed by Sinclair
> Telecable in Norfolk, where they started the first one on
> 106.1 (soon moved to 93.7) a couple years ago. There are
> other incarnations, but I think the only way the idea is
> proven an infringement is by name. In other words, a
> station like 95-7 Ben FM in Philly is a "we play everything"
> station, but they don't have to license the format because
> they aren't called "Jack."
>
> Someone correct me if I'm wrong, but I'm pretty sure this is
> how it works.
>
> Think of it as the whole Clear Channel "Kiss FM" debacle.
> Stations could be CHR, they just couldn't call it Kiss FM.
>
"Jack-FM" and "Playing what we want" are registered trademarks of Big Sticks Broadcasting/Buzznet Media (Cadillac Jack Garrett and Famous Amos, among others) and is licensed througout America by Wall Media (some other licensor distributes in Canada).
Because of what is trademarked ("Jack" and the slogan), a license must be obtained to use either in the United States or Canada. That is what Infinity did--they paid Big Stick Broadcasting/Buzznet Media for the ability to use "Jack" and the slogan "Playing what we want".
Now, it's true that the Jack-style/variety hits format itself cannot be trademarked or copyrighted, anymore than Bill Drake could have trademarked his style of Top 40--but he could trademark/service mark the slogans and whatnot, like "Boss Radio" (he didn't). The format is not a product or service that could be "personalized" or positively defined (for lack of a better word): playing the top music records with announcers and jingles is not particular to a Drake station or any other station; it is instead the way radio stations work. No oldies station could trademark or copyright the oldies format (the first oldies station to use "oldies" however could have obtained the trademark to "oldies" however).
The moment Cadillac Jack and Famous Amos used "Jack" or "Jack-FM" it was trademarked by law. By registering it (and the slogan), they obtained additional nationwide protections under the Lanham Act (15 USC 1051, et seq.) and international treaties. That means that anyone nationwide who wishes to use "Jack", "Jack-FM", or "Playing what we want" to identify their station must obtain permission (license) from Big Sticks Broadcasting/Buzznet Media.
You may be asking yourself, what about Bob-FM, Ben-FM, et al.? There may indeed be a trademark dilution case there, where the "Jack" originators plead that there is a "likelihood of confusion". "The courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent. Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961)." (Overview of Trademark Law, <a target="_blank" href=http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm>http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm</a>)
But, a court may decide that "Jack" is far enough removed from "Bob" to avoid confusion; it would be a tighter case if a NYC station went with "Jackson-FM" or "Jackie-FM" in light of 101.1 being "Jack-FM".
As for "KISS" being a CC trademark--they have a national trademark on the "Kiss" name, it cannot be used without Clear Channel's permission/license. However (and this goes for "Jack" as well), if a station in area X was using the "Kiss" moniker before Clear Channel licensed it, that station in area X may continue to use it without playing Clear Channel a thing--first in time, first in right. Although Clear Channel may have a national registered trademark, it must bow to those who had a localized trademark/servicemark in a certain area that pre-dates the CC registry.
BTW--Just ran a search, and "Kiss FM" in a stylized format is trademarked, but "Kiss-FM" as words themselves is not. It may be that Clear Channel is only using "Kiss" in certain geographic areas, and not registering it--then they are only protected for that specific area and any foreseeable areas to which they may expand. (Example: assume CC only had "Kiss 108" in Boston and no other Kiss stations. They have a trademark by law for Boston and its general area even if not registered. It's probably assumed that CC could foresee expanding its Kiss franchise to Hartford, CT, so an operator may be enjoined from using "Kiss" there. But a station in Seattle, WA could adopt the "Kiss" moniker and CC could do nothing about it if they did not register the "Kiss" name, because Seattle is not a foreseeable market expansion from Boston.)
