Flinn Broadcasting’s launch of Classic Hip-Hop “Boomin 96” 96.1 WIVG Tunica, MS/96.3 W242CF Memphis/102.1 WOXF Oxford, MS in December has led to a trademark infringement lawsuit by Radio-One due to similarities to its “Boom” brand.
As we mentioned when Radio-One first debuted the “Boom” brand on KROI Houston in October, the trademark for the brand was held by CBS Radio. The court filing states that CBS transferred the trademark to Radio-One on December 19, 2014. In the lawsuit, Radio-One contends that the Boomin name utilized by Flinn is too close to the Boom trademark. In the suit Radio-One is seeking a jury trial on the counts of trademark infringement, false designation of origin or sponsorship and unfair competition, and common-law unfair competition. Radio-One wishes for the court to find that Flinn to has engaged in unfair
competition under the common law of Tennessee, an injunction preventing Flinn from utilizing the Boomin name and destroying all existing products with the brand, disgorge all profits and other gains obtained via use of the brand, damages, and attorney fees to be paid by Flinn.
Flinn did not respond to two cease and desist letters sent by CBS and Radio-One following the launch of the station, but the lawsuit filing may have finally gotten their attention. At the moment the stations continue to operate under the Boomin name, but it does appear that Flinn will cease soon. The station’s online operations are now at Bumpin96.com and related social media brands despite the continued use of the Boomin name on-air and accompanying logo.