[cma-l] Station re-brand using the name of successful station prior to takeover

[James Cridland]

As others say, you don't copyright a name. You trademark it, and there are
considerable opportunities for objections through the trademarking process.
Even when you are granted a trademark, that doesn't stop others beginning
legal action. (As one example, Radio Exe in Exeter is apparently - and
rightly, in my view - a little irritated that Global has been given a
trademark for Radio X).

There have been instances where old brands have been used by other
companies. One specific example is Pennine FM, which was used first by the
Yorkshire Radio Network in 1989 for the ILR in Bradford before rebranding
to The Pulse, and then (foolishly) re-used as the last death gasp of a
smaller ILR in Huddersfield (previously Home 107.9) by Minster Sound
Holdings.

And this probably highlights the futility of nabbing an old name. Pennine
FM had lots of associations, not all positive. When you take on someone
else's brand, you get the negative as well as the positive. Better to stop
the confusion and have a new brand. Otherwise the first thing people think
is "That's that radio station in Bradford, isn't it? Why do I want to
advertise on that?"

Finally, call your station what you like, and broadcast from a studio
complex in a fancy or historic location - neither of these things matter if
you want listeners. Today's celebrity birthdays, a top ten at ten, or an
hour of James Bond music, don't get any more relevant to local audiences if
you're doing it from round the corner. Instead, concentrate on real,
relevant content rather than "aren't we clever we've got someone else's
name". You don't need flashy studios - indeed, you might not even need a
studio at all.

J

On Thu, 18 Feb 2016, 01:37 David Duffy <david at theradiopeople.co.uk> wrote:

>
> Are you sure you mean ‘copyright’ ?  You can’t copyright a name.  You can
> register it with Companies House.  Maybe they've copyrighted or
> trade-marked the logo.  Is it that?
>
> Regardless, the problem they’ll face with their rebranding is that the
> existing user of the name (Global?) has defacto rights by virtue of them
> using it currently to trade - whether they have registered it or not. So,
> if the 3rd party start using it and it’s considered that the use of the
> name misleads or confuses the public then they could be in trouble for
> ‘passing off’ - passing themselves of so as to gain benefit and do
> commercial harm. Ouch!
>
> Plus if it’s Global you know they’ll have deep pockets and an army of
> suits.
>
> David
> www.theradioppeople.co.uk
>
>
>
> On 17 Feb 2016, at 12:59, Ian Hickling <transplanfm at hotmail.com> wrote:
>
> I wish to remain behind closed doors however, we have been approached by a
> 3rd party who has managed to copyright the name of a very successful
> station prior to a Global takeover.
>
> Intentions are to re-brand their existing service which is on DAB & FM and
> we were asked to be a part of it because of our location being that of
> where the aforementioned radio station was based, which is something the
> 3rd party don't have.
>
> Question is - would this work? How would it confuse the market place? Is
> it something that has been done elsewhere?
>
> I hope all of this makes sense and that you appreciate my anonymity!
>
>
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