Legal Opinion

Citicasters Licenses, Inc. v. Cumulus Media, Inc.

District Court, S.D. Georgia

Decided March 4, 2002No. CV101-073Published

1Opinion of the Court

ORDER

BOWEN, Chief Judge.

Both parties have filed preliminary injunction motions. On January 8, 2002, an evidentiary hearing was held on these motions. For reasons set forth below, Plaintiffs motion is GRANTED, and Defendants’ motion is DENIED.

I. Introduction

This case involves the right to use “KISS” in the name of radio stations located in Savannah, Georgia. Both parties seek to enjoin each other’s use of this mark. Defendants operate WSIS-FM, “KISS 104”, which is located at 103.9 on the Savannah FM dial. Until recently Plaintiff operated WAEV-97 FM as “MIX 97.3.” On December 14, 2001,…

2Cases cited10 opinions

  1. Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
  2. E. Remy Martin & Co., S.A. v. Shaw-Ross International Imports, Inc., and Roger Myers D/B/A F. Remy & CieCourt of Appeals for the Eleventh Circuit · 1985
  3. Tally-Ho, Inc., a Florida Corporation, Plaintiff-Counter-Defendant-Appellant v. Coast Community College District, Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  4. Frehling Enterprises, Inc. v. International Select Group, Inc.Court of Appeals for the Eleventh Circuit · 1999
  5. Safeway Stores, Incorporated, Cross-Appellee v. Safeway Discount Drugs, Inc., Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1982

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