‘Talk,’ ‘Pirate’ Stations Wage War Over ID Tags

Radio wars are being waged these days not only over the airwaves but also in courtrooms.

KABC-AM (790) has filed a lawsuit against KFI-AM (640) over the use of its “talk radio” moniker, while KQLZ-FM (100.3), which dubs itself “pirate radio,” has threatened to sue a Philadelphia-based station over that nickname.

KABC’s suit, filed Monday in U.S. District Court here, accuses KFI of trademark infringement, saying that KABC has the sole right to use the “talk radio” label in Los Angeles.

A hearing is scheduled Monday to determine whether a temporary restraining order will be issued against KFI.

KABC said in its suit that it adopted its all-talk format in 1960 and, in 1972, “invented and adopted the trademark and trade name ‘KABC Talk Radio.’ KABC has used ‘KABC Talk Radio’ as its trademark and trade name since 1972 and has invested millions of dollars in advertising, marketing and promoting its services under that name and mark.”

The suit said that KABC was the only station to use the talk radio label for 17 years and that it used the term on the air “on over 500,000 separate occasions.”

“Early in 1989, KFI used as its identifying name ‘Talkin’ Southern California.’ In March, 1989, without obtaining authorization or consent from KABC, KFI began to identify itself as “Talk Radio” and/or KFI Talk Radio,” the suit alleged.

KFI officials said that the term “talk radio” does not belong to any one station.

“We use a variety of lines to distinguish ourselves as a talk-radio station, but the fact remains that we are a talk-radio station, and for one station in the market to actually lay claim to a generic term is ludicrous,” said program director George Oliva.

KFI attorney Michael Bierman said that the phrase “talk radio” is generic because it refers to a kind of programming format used by many radio stations.

Officials at Philadelphia station WIOQ-FM reacted similarly when they received a letter from attorneys for KQLZ asking that they stop using the term “pirate radio.”

Program director Mark Driscoll said that the station uses 37 slogans. Its premier slogan is “renegade of the air waves,” he said, and the pirate name is connected with its renegade image. “We give out pirate paraphernalia--eye patches, planks and swords,” he said.

They have not stopped using the slogan since receiving a “cease and desist” letter earlier this week, he said, and do not intend to stop.

“I think it’s absurd that someone could walk around and say ‘pirate’ is theirs,” Driscoll said.

“What are you going to do--go around the country and chase down everybody that uses ‘hot,’ ‘power’ or ‘magic’?” he asked. “Are they going to sue everybody?”

Eric Weiss, vice president of legal and business affairs for Westwood One, which owns KQLZ and only began using the “Pirate Radio” moniker March 17, said Wednesday that the company is seeking to stop its use in Philadelphia because it plans to market the KQLZ format on a national basis in the next few months.