Kiss Name

[MarioMania]

Does Clear Channel really have the Kiss Name for them selfs??

Seems like the Kiss Name can't be use outside of CC..or CC will complaindoes that include AM??

 

[MarcB]

I believe they have it trademarked. Obviously some exceptions are where the station was called KISS before CC came along, most noticeably 98.7 KISS-FM in NYC, which is owned by Emmis. I also know COX has a couple of stations called KISS.

Something interesting:

Clear Channel's own KISS 95.7 in Hartford has been called KISS going back to the days when they were Beautiful Music. They were called KISS 96 back then. Then they switched to KISS 95.7 when they flipped to Top 40 in 1984.

 

[gbranch]

I also know COX has a couple of stations called KISS.

Cox's KISS-FM San Antonio, which actually has the KISS calls.

 

[LKellerIII]

I also know COX has a couple of stations called KISS.

Cox's KISS-FM San Antonio, which actually has the KISS calls.

I don't know for sure, but I'm thinking that Clear Channel took ownership of the brand when they bought KIIS-FM in Los Angeles. But I'm sure there were quite a few Kiss-FMs nationwide not affiliated with CC, but in existence before CC. Those would reasonably be "grand-fathered," I would think. CC could probably make an issue out of it, and threaten lawsuits, but it would just make them look bad. I'm sure they have more important things (like their huge debt-load) to worry about.

 

[gbranch]

Considering the real KISS-FM has had the calls in San Antonio for at least 35 years, I don't see how CC would have any case against Cox for using the KISS branding. As a matter of fact, if CC tried to bring a KISS branded station into SA, my guess would be that Cox would be within their rights to bring legal action to stop it.

It is ironic, however, that CC is based in San Antonio, yet the KISS station in their own backyard is owned by Cox.

 

[RadioStarOne]

What about a Hershey's KISS? They are the real deal, are they not? When it comes to trademarks? The human race has been kissing since the beginning of time! lol...trademark that!

 

[LKellerIII]

What about a Hershey's KISS? They are the real deal, are they not? When it comes to trademarks? The human race has been kissing since the beginning of time! lol...trademark that!

Funny. But you can't trademark a word, or even a name for use in everything. For example, if I wanted to open McDonald's Dry Cleaning, I doubt I'd have any problems. But if I wanted to open an independent McDonald's fast food outlet, an army of lawyers would descend on me so fast, I'd be closed down within a few days.

Actually, I've heard a similar story. A few years ago, Burger King found out about a hamburger stand in a small town using their name. Problem is, the stand had been using the name "Burger King" since the late 40s or early 50s, way before the nationwide brand existed. Nevertheless, BK (more accurately, whatever corporation owned them at the time...Pepsico, I think) owned the trademark and the small hamburger stand ultimately had to change their name.

So like I said, if CC actually owns the "Kiss-FM" trademark, they could probably make a legal issue out of it, but it would cost them money they probably they probably don't want to afford now - for very little return on investment. What would be the point? So they can have a "Kiss FM" in San Antonio and a few other cities? CC has much bigger problems.

 

[dave73]

In Milwaukee, Entercom's WXSS uses the Kiss name. CC tried to bring action to them, but Entercom fought back. I believe CC also tried to go after Entercom over the use of The Mix name on sister station WMYX, but Entercom fought back on that as well. So when CC started up a top 40 radio station, they had to use the Radio Now name.

 

[FreddyE1977]

Funny. But you can't trademark a word, or even a name for use in everything. For example, if I wanted to open McDonald's Dry Cleaning, I doubt I'd have any problems. But if I wanted to open an independent McDonald's fast food outlet, an army of lawyers would descend on me so fast, I'd be closed down within a few days.

Another good example was a fellow named Mike Rowe who was a programmer, and who tried to start his own
software company called Mike Rowe Soft.

Bill Gates' lawyers swooped in and shut that down faster than you could say "blue screen of death"!

 

[LKellerIII]

Funny. But you can't trademark a word, or even a name for use in everything. For example, if I wanted to open McDonald's Dry Cleaning, I doubt I'd have any problems. But if I wanted to open an independent McDonald's fast food outlet, an army of lawyers would descend on me so fast, I'd be closed down within a few days.

Another good example was a fellow named Mike Rowe who was a programmer, and who tried to start his own
software company called Mike Rowe Soft.

Bill Gates' lawyers swooped in and shut that down faster than you could say "blue screen of death"!

I'm not a big fan of Microsoft, but you can't blame them for that. I don't suppose it's the same Mike Rowe who was the host of Dirty Jobs and now does Ford commercials?

 

[davideduardo]

So like I said, if CC actually owns the "Kiss-FM" trademark, they could probably make a legal issue out of it, but it would cost them money they probably they probably don't want to afford now - for very little return on investment. What would be the point? So they can have a "Kiss FM" in San Antonio and a few other cities? CC has much bigger problems.

Clear owns a number of marks, including Kiss and The Beat. They were the first to register it as a national brand... something stations did not do until the Internet ushered in national coverage via web streams.

As is the case with a number of radio brands, the first to register a brand nationally had to grant permission to continue usage to those stations with demonstrated prior usage... but only for the local market area. Thus the instances of inconsistencies... ranging from Kiss in New York to K-Love in LA.

 

[LKellerIII]

So like I said, if CC actually owns the "Kiss-FM" trademark, they could probably make a legal issue out of it, but it would cost them money they probably they probably don't want to afford now - for very little return on investment. What would be the point? So they can have a "Kiss FM" in San Antonio and a few other cities? CC has much bigger problems.

Clear owns a number of marks, including Kiss and The Beat. They were the first to register it as a national brand... something stations did not do until the Internet ushered in national coverage via web streams.

As is the case with a number of radio brands, the first to register a brand nationally had to grant permission to continue usage to those stations with demonstrated prior usage... but only for the local market area. Thus the instances of inconsistencies... ranging from Kiss in New York to K-Love in LA.

I do recall that KTIM-FM in San Rafael got into trouble for trademark infringement. KTIM had been an album rock station for years, and though their signal was weak into the East Bay and San Francisco, they were loved in Marin County...they even hired a few of the celebrated KSAN rock jocks from time to time.

Sometime in the 80s, they decided to try a Smooth Jazz format. They called the station "The Wave," after 94.7 in Los Angeles (and possibly others) were already established. The owners of 94.7 (not sure if it was CBS yet, or not) took exception to that. After a few weeks of legal wrangling, KTIM became "The Tide."

In the 90s, there was another station called The Wave in San Francisco, but it was owned by CBS.