SparkNet Communications, owner of the "Jack FM" and "playing what we want" trademarks, filed a lawsuit against Clear Channel on Aug. 18 in San Diego federal district court.


NEW YORK -- SparkNet Communications, owner of the "Jack FM" and "playing what we want" trademarks, filed a lawsuit against Clear Channel on Aug. 18 in San Diego federal district court.

The suit alleges Clear Channel is a cyber squatter and trademark infringer.

SparkNet, a joint venture between Vancouver-based consultant Pat Bohn and Nashville-based consultant Garry Wall, has licensed the trademarks to 15 Jack stations in the United States, including Infinity outlets in New York, Los Angeles and Dallas.

The suit claims that Clear Channel's use of the URL www.JackFMSanDiego.com for KMYI (My 94.1) San Diego was not authorized. SparkNet also alleges that usage of the slogan "playing whatever we want" on Clear Channel's WLTY (Steve FM) Columbia, S.C., is infringing and that the slogan "playing whether the hell we want" airing on KDRB (The Bus) Des Moines is "confusingly similar" to SparkeNet's trademark.

On June 8, SparkNet filed for a preliminary injunction ordering Bonneville to stop using variations of "playing what we want" on Bonneville stations in St. Louis, Phoenix, Chicago and San Francisco. Bonneville subsequently filed a counterclaim against SparkNet seeking to cancel the trademark on the slogan. A ruling is expected in that case early next month.