Merlin Draws 'Cease And Desist' From CBS Radio

It's a case of Randy being Randy but it was enough of a provocation that CBS Radio honcho Dan Mason called out the legal eagles.

Here's what happened.  In Chicago Merlin Media's stunting 101.1 started using the phrase "101.1 FM New and Fresh" as a descriptive for WKQX.   As most know, Fresh is used by CBS Radio's 101.1 FM WCFS and is a registered trademark. WCFS is also scheduled to start simulcasting CBS' 780 AM WBBM on August 1st.

CBS Radio attorney's fired all a cease-and-desist letter which stated in part:  "As a result of longstanding and prominent use, the Fresh Marks have become well-known with substantial reputation and goodwill by consumers with CBS Radio and its stations and licensees....Accordingly, CBS Radio was understandably surprised to learn that WKQX has commenced use of slogans incorporating Fresh without authorization from CBS Radio."

Merlin Media returned the volley with a response, which in part, stated: “There are hundreds of other businesses in Chicago using the word ‘fresh’ in their marketing. We don’t plan to be one of them,” the letter read in part. “We hope this clears up any concern you may have about us using the name you don’t want anymore. We don't want it either."

Meanwhile, CBS Radio has started displaying the following expanded banner on the WCFS website: