INFINITY BROADCASTING CORPORATION, Plaintiff, v. GREAT BOSTON RADIO, II, INC., Defendant., 1993 U.S. Dist. LEXIS 12284

Summary

The broadcasting company used the call letters "WBCN" for its hard rock music station. "WBCN" was a federally registered, incontestable service mark. A new radio station, which played exclusively country music, entered the market and used the call letters "WBCS," along with the slogans: "Country 96.9" and "We're Boston's Country Station." The broadcast company sought to enjoin the radio station's use of the call letters "WBCS." Pursuant to 28 U.S.C.S. § 636(b)(1)(B), the court issued a report and recommendation that the broadcast company's motion for a preliminary injunction be denied. The court reasoned that the broadcast company was not likely to prevail on the merits of its claims because the likelihood of confusion between the two service marks was minimal. It reasoned that there was only slight evidence of actual confusion; the two marks, as heard and seen in the context of the respective radio broadcasts and slogans, were easily distinguishable; the entertainment provided by each...