Re: WLLH:Home of Ameriacn Popular Standards

["A. Joseph Ross" <lawyer@world.std.com>]

Mark wrote:
 
> in the course of the liners he reads several times daily that you are
> listening to the home of American popular standards WLLH.This was the first
> time I heard WLLH use this positioner,which as we all know was used by WQEW
> in New York before they became a Mickey Mouse operation!! I'm just curious
> if anyone on the list knows if that positioner is a registered trade or
> service mark of WQEW? Are there any other adult standards stations using
> this positioner?         Mark Watson

Funny thing about trade marks and service marks.  The exclusivity of the
mark is only good within the market to which it applies.  For example,
there once used to be a science fiction magazine called "Galaxy."  At the
same time, there also was a cigarette called "Galaxy."  And there was a car
called a "Ford Galaxie."  All were valid trade marks, and none infringed on
the other.  The magazine used the mark to sell science fiction magazines. 
Nobody else could use that trade mark to sell science fiction magazines. 
But the magazine wasn't in the cigarette business, so it was fine for
another company to use the same trade mark to sell cigarettes, etc.  The
existence of Wonder Bread doesn't prevent the word "Wonder" from being used
by others in contexts other than bread.

Likewise, outside WQEW's market, another station in another market can
probably validly use the same positioner.  Back in the days of WMEX Color
Radio, other stations in other parts of the country also called themselves
"Color Radio" (WPTR, for example).  Likewise, slogans such as "Music of
Your Life", "Kiss", "Eagle", etc. are used around the country by stations
that are not in the same market.

- -- 
=======================================================================
 A. Joseph Ross, J.D.                                     617.367.0468
 15 Court Square                                  lawyer@world.std.com
 Boston, MA 02108-2503                   http://world.std.com/~lawyer/
=======================================================================

------------------------------