Monday, January 28, 2013

Arbitron Suing Cleveland TV Station for Copyright Infringement

Arbitron has filed a lawsuit against WKYC-TV, Cleveland, claiming copyright infringement in the use of radio ratings. Arbitron alleges WKYC-TV improperly used its ratings data in a media kit. In the suit, Arbitron also says the TV station has stated that data involving Pandora audience listening estimates came from Arbitron, when it actually did not. Arbitron claims that "WKYC-TV has willfully and intentionally infringed Arbitron's copyrights by copying and distributing copyrighted audience estimates obtained from the Arbitron Reports and Databases without authorization from Arbitron. Moreover, WKYC-TV has infringed Arbitron's trademarks by willfully and intentionally using the Arbitron Marks in its promotional activities." Arbitron adds that the TV station's media kit, which is used for WKYC's sales presentations, "is part of an effort by WKYC-TV to sell advertising time on its station together with time on Pandora." The suit adds that "WKYC has falsely represented that certain audience estimates were produced by Arbitron when, in fact, those audience estimates were not produced by Arbitron, causing confusion in the minds of the public." Arbitron says it obtained a copy of the media kit, which the ratings company calls "a collection of promotional materials and PowerPoint slides used in sales presentations - distributed by WKYC-TV," adding that: "Upon information and belief, the Media Kit is part of an effort by WKYC-TV to sell advertising time on its station together with time on Pandora." The complaint says "WKYC has falsely represented that certain audience estimates were produced by Arbitron when, in fact, those audience estimates were not produced by Arbitron, causing confusion in the minds of the public."




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