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PORTER BROADCASTING CORP. v. PYRAMID BROADCASTING

No. CIV-85-1382E.

635 F.Supp. 37 (1985)

PORTER BROADCASTING CORP., d/b/a Radio Station "WKSE-FM", Plaintiff, v. PYRAMID BROADCASTING and Radio Station "WNYS", Defendants.

United States District Court, W.D. New York.

December 23, 1985.

Attorney(s) appearing for the Case

Peter K. Sommer, Buffalo, N.Y., for plaintiff.

Richard T. Sullivan, Buffalo, N.Y., for defendants.

MEMORANDUM

ELFVIN, District Judge.

The following sets forth this Court's rationale for its Order of November 27, 1985.

Porter Broadcasting Corp. ("Porter"), operator of radio station WKSE-FM, has brought this action against Pyramid Broadcasting, owner of radio station WNYS, alleging that the latter's broadcasting and advertising use of the term "Music Marathon" and variant forms thereof usurps WKSE-FM's right to that term as a name and trademark...

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