Radio Ink - Radio's Premier Management & Marketing Magazine

FRESNO -- June 29, 2009: Katie and John Ostlund, owners of News/Talk KYNO/Fresno, have filed suit against Peak Broadcasting over alleged trademark violations. The Ostlunds say Peak is using their KYNO trademark to engage in "cybersquatting," having registered two domain names that include KYNO's call letters and pointed them to the website of Peak's own KMJ/Fresno.

The lawsuit, filed in John Ostlund's name with the Superior Court of California in Fresno County, says Peak has "unlawfully .. used and misappropriated" the KYNO trademark in its Internet addresses and website, and says that use of the trademark "is substantially affecting and/or creating unfair competition in connection with ... Ostlund's use of the trade name KYNO due to the fact Internet users looking for domain name KYNO are improperly directed to the web address of defendants KMJ radio station website." The suit alleges that this is "likely to cause confusion, mistake, or deception among consumers as to the source and/or origin of ... KYNO."

The suit says Peak was given both oral and written notice to cease and desist from using the trademark, and that Peak has profited from the "confusion, deception and/or mistake" while KYNO has "been deprived of substantial sales" in an amount to be proved at trial.

The suit also alleges that Peak's actions were "designed specifically to gain an unfair business and economic advantage" and to prevent Ostlund "from gaining full benefit of the use of his trademark KYNO."

Along with damages, the suit asks for a temporary restraining order to stop Peak from using the KYNO trademark in any Internet address or website.

A Peak Broadcasting spokesman says he has not seen the suit, but says the issue has been resolved. Ostlund tells Radio Ink that the redirected site has indeed been taken down, but he is not prepared to drop the suit at this point.