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CBS attorney Lauren Marcello has sent an e-mail to Merlin Media COO Walter Sabo objecting to the "unauthorized use of the word FRESH in connection with station WKQX in Chicago." Marcello writes "the FRESH marks were first used in connection with CBS Radio station WCFS-FM in 2007. As a result of longstanding and prominent use, the FRESH marks have become well known with substantial reputation and goodwill exclusively associated by consumers with CBS Radio and its stations and licensees." Marcello went on to demand that WKQX "immediately cease and desist from using any identifier, moniker or slogan incorporating the fresh marks."

The following e-mail was sent back to Marcello and it was signed by the "Merlin Marlin Mascot, and a smiling face in magic marker. No signature.

"You seem to be concerned that our new little station is infringing on one of your service marks, which you list as FRESH FM, FRESH 102.7FM, FRESH MUSIC AND VIDEOS, FM MEANS FRESH MUSIC and FRESH COUNTRY. Im writing to assure you that we did not use any of those marks on the air.  We simply described our station as fresh and new. Fresh is not the name of our station. We know that one of your stations in Chicago has been using that name, but its our understanding that the name hasnt worked out well for you, and that you have announced your intention to abandon the name Fresh on Aug 1st.  For that and other reasons, we do not intend to name our station Fresh.

If you are concerned about others using the name Fresh in Chicago, you might want to contact Fresh Choice Chicago, a catering service at 1534 N Wells and 233 N Michigan.  They also have a website called  In addition, there is a beauty supply house at 2040 N Halsted called Fresh.  They have a website called  There are hundreds of other businesses in Chicago using the word fresh in their marketing.  We dont plan to be one of them. We hope this clears up any concern you may have about us using the name you dont want anymore. We dont want it either."



(8/4/2011 11:32:37 AM)
Why not just listen to its just like q101 with no ads.

- Ken
(7/21/2011 9:32:41 PM)
Why is this news? Two radio companies with way too much time on their hands and way too much money spent on legal departments.

- ChiTownRadio Reader
(7/20/2011 1:33:51 PM)

- Up Yours
(7/20/2011 9:50:50 AM)
YAWN ... who cares?

- C Hunter

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