CUMULUS MEDIA v. CLEAR CHANNEL COMMUNICATIONS

Nos. 01-16189, 01-16647.

304 F.3d 1167 (2002)

CUMULUS MEDIA, INC., Plaintiff-Appellee, v. CLEAR CHANNEL COMMUNICATIONS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 6, 2002.


Attorney(s) appearing for the Case

Sylvia H. Walbolt, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Saint Petersburg, FL, W. Douglas Hall, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Frederick Townsend Hawkes, Carlton Fields, Tallahassee, FL, for Defendant-Appellant.

James W. Dabney, Pennie & Edmonds, New York City, Claude R. Walker, Tallahassee, FL, for Plaintiff-Appellee.

Before BIRCH and MARCUS, Circuit Judges, and FULLAM, District Judge.


MARCUS, Circuit Judge:

Clear Channel Communications, Inc. ("Clear Channel") appeals from the district court's entry of a preliminary injunction in this trademark infringement suit. At issue is whether Clear Channel has infringed the rights of Cumulus Media, Inc. ("CMI") by identifying its Tallahassee, Florida radio station by the name "The Breeze." While Clear Channel asserts that CMI has abandoned its rights in the name...

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