‘Boom’ vs ‘Boomin’: Classic hip-hop trademark fight

Story by Inside Radio

You know a format has arrived when it spawns a trademark lawsuit. Radio One has sued Flinn Broadcasting for trademark infringement, unfair competition and other claims related to Flinn’s use of the “Boomin 96” moniker.

Filed in U.S. District Court in Tennessee, the suit requests an injunction to stop Flinn from using the mark, a trial by jury and unspecified damages and legal fees. The history of the disputed trademark dates back to October 2008 when CBS Radio registered “Boom FM” with the U.S. Patent and Trademark Office. It still owned the mark when Radio One launched its first “Boom” branded classic hip-hop station last October, presumably with CBS’s blessing. On December 19, CBS assigned the “Boom” marks to Radio One, court documents show, after Radio One had been using it at four of its stations.

The suit alleges Flinn began infringing around December 7 when it launched a classic hip-hop format on WIVG, licensed to Tunica, MS in the Memphis market, and on WOXF, licensed to Oxford, MS. The suit claims both were branded as “Boomin 96 Throwback Hip Hop.” Cease and desist letters sent by CBS and later Radio One to WIVG GM Duane Hargrove to stop the “confusingly similar” marks were ignored, according to the complaint. In fact, Radio One claims Flinn began offering “Boomin 96” station apps after it received the letters.

The suit makes the standard infringement claims, accusing Flinn of “trading on Radio One’s goodwill and reputation,” creating “a false impression,” deceiving consumers and causing Radio One “irreparable injury” and “substantial damages.”