Cromwell Group Sues Toledo Station ''Party'' Trademark

RADIO ONLINE | Friday, November 4, 2022 | 4:51pm CT

WPAY-AM/Toledo

The Cromwell Group has filed suit against Fusion Radio in the U.S. District Court in Nashville for trademark infringement. The Tennessee-based radio group claims that Fusion Media's WPAY-AM and translator W277B1/Toledo, OH are using the slogan "Party 103.3," infringing on its service mark orginally filed in 1999 and renewed in 2019.

The Cromwell Group used "102.5 The Party" branding on WPRT/Nashville from 1996 to 2005 and continues to use mark on two company-owned CHR outlets in Illinois: WYDS (93.1 The Party)/Decatur and WCBH (104.3 The Party)/Casey, as well as licensing "The Party" to others in Iowa, Florida and Colorado.

In the suit, Cromwell seeks monetary relief of at least $75,000 and says Fusion has been using "Party 103.3" since September 6, both on-air and on the Internet. Cromwell also says it has demanded that Fusion stop using "The Party" and enter into a license agreement. Fusion Media has acknowledged Cromwell's demand, but has refused to comply.

The Cromwell Group is requesting a trial by jury and is asking Fusion Media to send "pre-approved corrective advertising and send pre-approved letters to all customers, resellers, retailers, agents, partners and/or representatives to address the likely confusion caused by [the] use of the Party 103 mark." Additionally, Cromwell seeks the transfer party1033.com to the company.