King Biscuit name in jeopardy
jpi...@ipa.net
are saying that they never heard of King Biscuit and came up with
the name on their own.....bullshit
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King Biscuit name in Jeopardy
By K.J. LONGLEY
World Staff Writer
The battle over trademark rights to the 'King Biscuit' name has
landed in a New York federal court, threatening local radio
station, KFFA's internationally acclaimed 'King Biscuit Time' blues
radio program and Helena's King Biscuit Blues Festival continued
use of the name.
New York-based King Biscuit Entertainment Group, owner of the
nationally syndicated show, King Biscuit Flower Hour, alleges that
Delta Broadcasting Inc., KFFA's parent company, is involved in
trademark infringement and unfair competition practices by airing
King Biscuit Time, publishing the King Biscuit Times newsletter
and operating a website addressed, www.kingbiscuit.com.
King Biscuit Entertainment Group's litigation seeks all rights to the
King Biscuit name, Delta Broadcasting's withdrawal of the
trademark registration, three times the profits from the use of the
name, punitive damages, attorney's fees and other related costs.
Adamant of their rights to the name, Delta Broadcasting has
launched a countersuit, seeking similar damages, claiming that
King Biscuit Entertainment Group is actually the party infringing
trademark rights to the famous name. "We don't want to be
portrayed as two people being picked on by a big corporation,"
said Delta Broadcasting co-owner Nancy Howe during an
interview with the Arkansas Democrat-Gazette. "We feel that we
are in the right, we were there first, we had the name and
everything in between is inconsequential."
Advent of the internet and consequent expansion of Delta
Broadcasting's use of the King Biscuit name seems to have
spurred the trademark rights battle after almost 30 years of
non-contested coexistence. King Biscuit Entertainment Group has
now registered several internet domain names including
www.kingbiscuittime.com, which Delta Broadcasting offered to
use instead of the present www.kingbiscuit.com during a recent
failed discussion between the two parties in New York.
First aired in 1941, KFFA's King Biscuit Time is hosted by the
legendary 'Sunshine' Sonny Payne, is one of only two Arkansas
programs to ever win the prestigious George Foster Peabody
Award, and is the longest running blues radio show in the nation.
One of Helena's prime tourist draw-cards, King Biscuit Time is
broadcast daily from the Delta Cultural Center in downtown
Helena.
The New York-based show, originally called King Biscuit Flour
Hour, began and was registered in the early 1970s. According to
Nancy's husband and co-owner, Jim Howe, the previous owners
of the King Biscuit Flower Hour program, DIR changed the name
of the show after being contacted by KFFA on the matter. Jim
Howe conveys that new owners, King Biscuit Entertainment
Group does not acknowledge this past agreement and name
change.
Howe adds that he received no answer as to how DIR or King
Biscuit Entertainment Group came up with their trademark when
King Biscuit Time had already been running for 30 years before
the first airing of King Biscuit Flower Hour. "We feel that the
longevity of the name and the program means that they can't take
the name away from us," optimizes Jim Howe. The naming of King
Biscuit Flower Hour appears to hold no connection to the Helena
King Biscuit Flour company from which King Biscuit Time
originally tapped its name.
According to King Biscuit Entertainment Group's lead counsel,
Anne Salisbury, the present dispute stems from Delta
Broadcasting's "recent attempt to expand its use of the name 'King
Biscuit' outside of the small, local region where its radio program,
The King Biscuit Time, has always been broadcast."
Date and currency of registration could be the deciding factor in
the trademark battle. Although King Biscuit Flower Hour was
registered as a name before registration of the King Biscuit Time
name in 1994, registration of the King Biscuit Flower Hour name
lapsed in 1998. Delta Broadcasting registered King Biscuit Time
due to an increase in use of the name resulting for the expanding
King Biscuit Blues Festival.
"We think that's what's gotten them set off about this because
that's hurting them apparently," says Nancy Howe. "We're fighting
this battle for the town, for everybody," adds Jim Howe in
reference to the deleterious effect a name change could have for
Helena's annual blues festival.
Although the King Biscuit Blues Festival is not named as a
defendant, use of the name could be in jeopardy if Delta
Broadcasting loses rights to the King Biscuit name. The festival
has an agreement with Delta Broadcasting allowing use of the
King Biscuit name for the annual music festival.
A New York trial is set for August.
Masahiro Sumori
Apparently, there is no information on
either www.kingbiscuit.com (KFFA) or
www.kingbiscuitradio.com (King Biscuit
Flower Hour)
Thanks,
Mas
At 9:47 AM -0500 2000.7.11, jpi...@IPA.NET wrote:
> This was in yesterdays Daily World (Helena,AR). These schysters
> are saying that they never heard of King Biscuit and came up with
> the name on their own.....bullshit
>
>
>
> **********************************************************************
> King Biscuit name in Jeopardy
>
> By K.J. LONGLEY
>
> World Staff Writer
>
> The battle over trademark rights to the 'King Biscuit' name has
> landed in a New York federal court, threatening local radio
> station, KFFA's internationally acclaimed 'King Biscuit Time' blues
> radio program and Helena's King Biscuit Blues Festival continued
> use of the name.
> A New York trial is set for August.
oo--oo--oo--oo--oo--oo--oo--oo--oo--oo--oo--
MASAHIRO SUMORI
Blues Ginza, Tokyo, Japan
URL: http://www.netlaputa.ne.jp/~bginza/