FRESH!!

[blackhole]

I guess the speculation that a CBS station will go Fresh is out of the question now.

KOIT Gets 'Fresh'

New Brand For KOIT
ENTERCOM AC KOIT/SAN FRANCISCO has licensed the "FRESH" brand from VALLIE-RICHARDS-DONOVAN CONSULTING. "KOIT has been the dominant music station in SAN FRANCISCO for over 22 years," said ENTERCOM/SF Market Mgr. DWIGHT WALKER. "KOIT’s call letters, in and of themselves, are an industry icon and we continue to take all of the necessary steps to insure that this brand remains fresh and dominant."

"The FRESH FM name and brand has attracted a lot of positive attention across the country," said KOIT PD BILL CONWAY. "We now hold exclusive rights to use FRESH-FM branding and will incorporate it as part of our highly successful ‘Lite Rock, Less Talk’ brand."

Several markets in the UNITED STATES have adopted the FRESH FM brand in the past 14 months, including NEW YORK, CHICAGO, PHILADELPHIA and LAS VEGAS.

 

[ty567]

Well you know what they say, if it aint broke then dont fix it. But we'll see what happens longterm with this.

 

[SwapMeetLouie]

Just because they licensed it, does that mean KOIT is obligated to use it? Maybe KOIT management was reading these message boards, thinking that CBS might flip KLLC to "Fresh." Could this be a strategic move, preventing KLLC from becoming "Fresh," and thereby protecting KOIT's market share?

 

[jimmythebassett]

Doubt they will use it...Danny's Song is not FRESH!

 

[Geek-O-Rama]

Don't you think it would improve KOIT to just go Fresh/

 

[blackhole]

Just because they licensed it, does that mean KOIT is obligated to use it? Maybe KOIT management was reading these message boards, thinking that CBS might flip KLLC to "Fresh." Could this be a strategic move, preventing KLLC from becoming "Fresh," and thereby protecting KOIT's market share?

EXACTLY!!!! Its common for companies to buy rights to "slogans" like this just to keep it away from the competition.

 

[LKellerIII]

I agree that they just bought the rights so nobody else could use the brand in the SF market. Note that up to now, absolutely NOTHING has changed at KOIT since Entercom took over. There's no reason to confuse people with a branding change for the same format people know and love.

This is a strategic blocking move to prevent anybody from starting a competing Light Rock format, which could mean real competition for 96.5 for the first time in...what?...15 years since KABL-FM tried and failed with the format. Of course, somebody could still start a competing light-rock outlet, but it's less likely now that the "Fresh" label is no longer available.

At most, they might alter those canned liners, and have the DJs say something like "Fresh 96.5, KOIT, Light Rock, Less Talk..." They won't drop KOIT as branding.

 

[jimmythebassett]

Here's one for you, If Vallie/Richards owns the name FRESH, where is thier trademark on it. It's taken by a Germany company for use in the US:


Word Mark FRESH
Goods and Services IC 009. US 021 023 026 036 038. G & S: Sound storage media, namely, data storage chips for use by those with hearing disorders and deaf people; data media, namely, storage chips for use by those with hearing disorders and deaf people; apparatus that generates and plays back sound tones for deaf people, namely, media players; computer software for use in operating hearing systems
IC 010. US 026 039 044. G & S: Hearing apparatus, namely, medical instruments that generate and play back sound tones for checking hearing; medical and electro-medical apparatus, namely, medical hearing instruments for checking deafness

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Trademark Search Facility Classification Code SHAPES-MISC Miscellaneous shaped designs
Serial Number 79038425
Filing Date September 18, 2006
Current Filing Basis 66A
Original Filing Basis 66A
Published for Opposition November 20, 2007
Registration Number 3378984
International Registration Number 0923994
Registration Date February 5, 2008
Owner (REGISTRANT) Hansaton Akustik GmbH company with limited liability FED REP GERMANY Stückenstrasse 48 22081 Hamburg FED REP GERMANY
Attorney of Record Gary Smith
Priority Date March 23, 2006
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

[sfradio]

I just heard "96.5 KOIT, keeps you fresh through your day"

 

[SFStatic]

Two points:

1) There are different catagories of copyright. The one quoted above won't cover radio slogans/formats. No one will be confused that a radio format is a hearing aid.

2) They may use it minimally, but more likely did take it to keep it away from the competition. There was a station a few years ago that owned several production libraries they never used, just to keep them out of circulation.

 

[LKellerIII]

"There are different catagories of copyright. The one quoted above won't cover radio slogans/formats. No one will be confused that a radio format is a hearing aid."

That's right. I could open a dry cleaners and call it McDonalds, and nobody would care, but if I opened a fast-food hamburger joint and called it McDonalds, the lawsuit against me would be filed before the paint on the sign was dry.

We use Colgate's "Total" toothpaste, which is a new product. But I think they're safe from a copyright infringement suit from General Mills, the makers of "Total" cereal, unless they start claiming that eating the toothpaste provides as many vitamins as 5 bowls of Raisin Bran ;D

There was actually a radio branding case in the Bay Area...probably 20 or more years ago. The owners of KTIM-FM in Marin County flipped formats from album rock to smooth jazz, and called it "The Wave." The owners of 94.7 The Wave in Los Angeles took exception to this. Before you could say "cease and desist order," the station had switched to "The Tide.". The hapless owners declared bankruptcy a couple of years later.

 

[SFStatic]

I remember that...they did traffic and called it "your ride on the Tide" after they had to make the change. Frankly with that signal, the legal problem over the "handle" was not the deciding factor in the place going toes up.

 

[LKellerIII]

"I remember that...they did traffic and called it "your ride on the Tide" after they had to make the change. Frankly with that signal, the legal problem over the "handle" was not the deciding factor in the place going toes up."

Yes - I didn't mean to imply that the branding hassle made them go bankrupt. But it's worth noting that bad signal or not, they survived for a dozen years or more prior to that as a fine album rock station. Their first mistake before Smooth Jazz was the brilliant decision to change to a truly "free-form" format. You might hear a Grateful Dead song followed by a Chopin Waltz. It was very weird and all downhill from there.

Pardon the digression. Now back to "Smooth 96.5, KOIT. Arbitron rated number one for listening at work..."

 

[AlwaysInTheKnow]

The entity that has the Fresh copyright is MRH Marketing, which is controlled by Greg Dunkin. Greg licensed it to Vallie-Richards-Donovan when he joined their consultancy.

 

[DavidKaye]

Two points:

1) There are different catagories of copyright. The one quoted above won't cover radio slogans/formats. No one will be confused that a radio format is a hearing aid.

You have copyright and trademark confused. A copyright is a right to make copies of a work of art, literature, or another fully complete creative expression. A trademark is a mark used on products and services (called a service mark in this context) to distinguish the company producing it.

A trademark can be broad if the name is unique such as "Kodak", a made-up word that was not in use until George Eastman began using it for cameras and film. But, because it's so unique nobody but Eastman Kodak could get a trademark for "Kodak fish nuggets" or "Kodak jeans."

On the other hand there are non-unique trademarks that can be used only for specific areas of commerce. "Johnson's" is owned by S. C. Johnson & Son for their floor care products, but by Johnson & Johnson for that company's baby shampoo. It is owned by yet another company for foot soap. If Johnson & Johnson wanted to get into the foot soap business they'd have to call it something else. Likewise, when S. C. Johnson sold shampoo they called it Haalva, not Johnson's.

The word "Fresh" is barely trademarkable because it is way too common a word. I'd be surprised if it would even stand up to a tradmark challenge.

 

[DavidKaye]

Interesting thing. There are some trademarks for names such as "Fresh FM" and "FM Fresh Music", held by a guy named Greg Dunkin. But there is also a trademark in the radio broadcasting classification for a mark, "Fresh Network" held by a totally different company, Robot Films, which was filed serveral months before the "Fresh FM" marks. Given that both marks are listed as being used in "radio broadcasting", in my amateur legal opinion, "Fresh FM" doesn't stand a chance of holding up.

 

[LKellerIII]

You're right David, we were talking about trademarks, not copyrights. Here's a question - would "Fresh" stand up as a trademark when applied to a light rock format, but not, say...Fresh Jazz or "Fresh Talk?"

I wonder, because a lot of the branding names used for stations the last 3 decades have been used time and time again and recycled for different formats in different markets. Similarly, I remember 98.1 FM's 70s format was "Big 98.1" when Chancellor (later called AM/FM) owned it, but suddenly became "K-Big 98.1" after Clear Channel sucked up AM/FM. I believe CC had already owned KBIG Los Angeles, so I figure it was a matter of who owned the "brand."

 

[DavidKaye]

You're right David, we were talking about trademarks, not copyrights. Here's a question - would "Fresh" stand up as a trademark when applied to a light rock format, but not, say...Fresh Jazz or "Fresh Talk?"

It is difficult to get good trademark protection on generic words. If someone came up with a format called "Rumblesternum" it would be fairly easy to get a trademark for a radio format, a personal lubricant and a brand of fish dinners. But "Fresh Talk" or even "Fresh FM" is really tough. The fact that there exists a trademark on "Fresh FM" does not mean it will hold water when challenged. Just because a trademark exists does not mean it has withstood a court challenge.

"Fresh" itself won't stand because it says nothing unique.

The guy who owns "Fresh FM" is likely to be protected much more by Arbitron's rules than by a trademark. Arbitron allows one station in a market to list any particular phrase with them at any particular time. Whoever has "Fresh" in SF will get Arbitron points for those listeners who mention it.

KALW was once approached by a commercial station to sell its slogan "Information Radio". I don't remember if it was KCBS or KGO that wanted it. Anyhow, if you fill out an Arb diary and mention that you're listening to Information Radio, the credit goes to KALW. The words themselves are not trademarked. Any other station in town can call themselves "Information Radio" but nobody will do so because they don't want credit for their listeners going to KALW.

 

[bobgowa]

There was actually a radio branding case in the Bay Area...probably 20 or more years ago. The owners of KTIM-FM in Marin County flipped formats from album rock to smooth jazz, and called it "The Wave." The owners of 94.7 The Wave in Los Angeles took exception to this. Before you could say "cease and desist order," the station had switched to "The Tide.".

For the record...I was the PD & OM when the owner made the decision to change the calls. I begged him to reconsider ("Uh, gee boss, someone already HAS that one!"), warned him we'd get sued and have to start all over but his mind was made up. After the deed was done, I took a couple of calls from my old friend Howard Bloom at KTWV/L.A., who pleaded with ME to do something about it (he really didn't want to have to sue us), but there nothing I said could change the owner's mind...UNTIL the complaint arrived, weighing about 15 pounds!

We eventually settled and changed calls again (doh!).

The station did manage to improve its signal somewhat with a transmitter move and frequency change, but the writing was on the wall. I moved on when the boss decided it would be a good idea to mix in some country hits with the Smooth Jazz (don't ask). Despite everything, I liked the guy; he was quite a character. Too bad about how it ended. It was also the only station I ever worked in that was in a nice neighborhood and walking distance from home

 

[LKellerIII]

"Too bad about how it ended. It was also the only station I ever worked in that was in a nice neighborhood and walking distance from home "

Nice to hear from you, Bob Gowa. Yes - I owned a retail business in the early-mid 80s in Marin. We decided to advertise on KTIM (or whatever the calls were at the time). I went down to record the commercial at the studio in San Rafael - a nice old restored Victorian house on 5th St, as I remember. I worked with the production guy - Joel Abrams. Nice guy and a very pleasant experience. I heard him some years later...on KBLX if I remember correctly.