Most real-life David and Goliath matchups don’t end well for the little guy. But a recent lawsuit filed against a New York state LPFM by a commercial radio station ended as a win for the nonprofit community broadcaster, as Hudson Valley One’s Nick Henderson reports in “No Infringement: WIOF Wins Suit, Can Broadcast as Woodstock 104.”
This battle of the Woodstocks was initiated when Chet-5 Broadcasting station WDST(FM) “Radio Woodstock 100.1 FM” filed a trademark infringement lawsuit against WIOF(LP) “Woodstock 104” in April 2015, arguing brand confusion. A judge has dismissed the lawsuit “with prejudice,” concluding that a trademark cannot be held when it utilizes a geographic place name.
WIOF is operated by Birds of a Feather Media Ltd. and broadcasts live, local public-affairs programming as well as syndicated shows, including “Democracy Now With Amy Goodman.”
The Birds of a Feather Media CEO does not consider the matter closed; she wants to sue for damages, which she said were incurred to her reputation and relationship with the town board over a pending agreement with local TV station Channel 23.
