The following e-mail was sent to Clear Channel this morning:
To Whom it May Concern:
On Dec. 31, 2008, we began broadcasting and streaming music and other content under the trademark "Gen X Radio". We purchased, and have maintained an account on the Live365 network. Our agreement with Live365 took care of all music royalty issues that occur with broadcasting licensed music. Since then we have maintained that right through our agreement with Sound Exchange via a Live365 broadcasting package. In March of the same year we purchased and/or produced voice imaging and designed a logo using the same name.
Since then we have developed a strong presence on Google and other search engines, where our Live365 station page and FaceBook page are routinely listed amongst the top 5 websites when entering the search term "Gen X Radio" or "Gen-X Radio". This also had been the case months before you launched your first "Gen X Radio" in the Louisville, KY market. We have screen-shots and video of these searches along with corroborating evidence to show our presence in the national radio market.
On social media sites like Twitter and Facebook, we have been using the specific mark of "Gen X Radio" since July of 2009 or earlier with which to market and promote our brand.
Our station is available for streaming with reputable companies like Live365, Apple, and Tivo which has further helped secure our trademark in the national radio marketplace.
We also purchased and still own the domain name genxradio.org, and are in the process of building a website.
We can also document that their are consumers in all of the geographical areas with which you currently use "Gen X Radio" that have listened to our stream and were familiar with our brand prior to your use.
Furthermore we have also filed an application to register the trademark "Gen X Radio" in August of 2009 with the USPTO, the outcome of which is still forthcoming. However registration of the mark is not necessary for us to enforce our rights to it.
All of the above, constitute "prior use in commerce" under common law, which gives us a legitimate and legal claim to the trademark "Gen X Radio". This prior use predates any use by Clear Channel by a substantial period of time.
Your negligent use of our trademark is causing consumer confusion and brand dilution in the national radio marketplace, which we can easily document in a myriad of ways. It is also our contention that you willfully or negligently ignored our presence in the marketplace, and
purposefully decided to use the mark "Gen X Radio" without our consent. Any routine query using any of the major search engines would have led you to know of our presence , so either you did not conduct proper due diligence, or you chose to ignore our presence. Either way, this gives us a very strong case in which to file suit for trademark infringement.
We further contend that your unathourized use of "Gen X Radio" has begun to dilute its meaning and made it very difficult and in some cases impossible for us to adequately market our brand.
We therefore, respectfully request that you cease and desist from using the trademark "Gen X Radio". We also request that you not use the trademark "Gen X Radio" or any purposeful misspelling or pronunciation on any radio stations, internet streaming, websites, station imaging, correspondence, logos or social media sites. We also must request that you cease and desist from streaming any content originating from your terrestrial stations onto the internet under the brand "Gen X Radio". Any attempt by Clear Channel to use the name "Gen X Radio" in any other additional markets will be met with the same opposition.
It should also be known that we have no objection to the format that you currently market as "Gen X Radio", as you are legally free to play whatever type of music you wish on your stations. We only object to it being branded as "Gen X Radio", as we have clearly proved trademark rights to that name.
We would like to come to an amicable resolution on this issue, but if you do not comply with our wishes to cease and desist using the trademark "Gen X Radio" we will have no choice but to begin litigation. We do not wish to abdicate or license the trademark at this time, and any consideration to do so will only occur upon your compliance to cease and desist using the mark.
Attached are copies of the trademark as we have used it in commerce, prior to your use.
We will also be forwarding a previous Cease and Desist letter which was e-mailed to your Louisville station in August of 2009.
It should be also known that copies of this e-mail will be forwarded via certified mail no later than 8/5/2010.
Copies of this e-mail, in its entirety may have also been forwarded to various media outlets, but specifically to local newspapers within the markets you currently use the "Gen X Radio" trademark.
We are available only to discuss or clarify specific issues within this e-mail. Any further contact will be made through our attorney, whose address we will forward to you later on today.
Thank you for your prompt and deliberate concern in this issue.
John R Gregg
Eve F Gregg
Gen X Radio
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