Swanson Broadcasting, Inc. v. Clear Channel Communications, Inc.

OPINION

BUTTS, Justice.

This is an appeal from a temporary injunction enjoining appellants from using KAJA’s direct mail pieces (flyers) in their radio promotion (radio station contest) until final judgment is entered.

Clear Channel and Swanson operate competitive radio stations KAJA and KCYY, respectively, in San Antonio. It is undisputed that the radio stations compete for listeners and advertising dollars. The radio stations depend upon advertisers who buy commercial time on the air. More commercial air time is purchased from those stations with proven large listening audiences. Advertisers…