Positive Ions Continues Fight with ION Media Networks over ION®
By BusinessWire
SAN PEDRO, Calif., BUSINESS WIRE -- Positive Ions, Inc. a small San Pedro, Calif-based media company, announced today that it will continue its legal fight for its rights to exclusively use ION® in the wake of Ion Media Networks, Inc.'s recent decision to re-brand its broadcast network "Ion Television."
Positive Ions is currently involved in federal litigation in Los Angeles, alleging that Ion Media Networks (the self-described owner and operator of "the largest broadcast television station group in the U.S.") violated its intellectual property rights in Positive Ions's registered ION® mark and related network of 1,000+ ION® Internet Channels. The case stems from the convergence of Internet and television, as Internet startup Positive Ions attempts to protect its ION call letters.
The original suit was filed after Ion Media Networks, Inc. announced its name change from Paxson Communications in February, 2006 (though that suit was dismissed before it was served). Despite the existence of that action, Ion Media Networks formally voted to change its name to Ion Media Networks on June 23, 2006. The current lawsuit was filed immediately thereafter.
Ion Media Networks announced last week that it is re-branding its broadcast network "ION Television" starting January 29, 2007. According to Ion Media Networks' press release, it is also sponsoring a web-based promotion called "What's Your ION?"
Positive Ions and its ION Network have been using the phrase "What Do You Have Your ION?" on thousands of web pages and converging channels since at least 2002. Ion Media Networks also stated that it chose to re-brand in part because of "the ubiquity of 'ION' within so many words in our business and plans" such as "television," "motion" and "innovation." Positive Ions has long used the spelling convention in words such as "vis.ion," "televis.ion" and "innovat.ion"), including on its ionTelevision.com channel.
"I generally do not discuss pending litigation," said Positive Ions' counsel Jeff Sheldon of Pasadena intellectual property firm Sheldon Mak Rose & Anderson PC. "But this recent re-branding announcement requires that Positive Ions make some public statement to reassure its existing users and advertisers that it is still pursuing its rights in Court."
Positive Ions' counsel Kevin Boyle of plaintiff's trial firm Panish, Shea & Boyle, LLP in Los Angeles added: "We are prepared to see this case through trial and seek a permanent injunction against any misuse of ION by defendants."
About Positive Ions, Inc.
Positive Ions, Inc. (ion®) features a unique Internet broadcast network with 1,000+ "vertical" ionChannels(SM). The ION® Network is geared toward providing users with content, information, goods and services all tailored to their interests and locale, with an emphasis on sports and family-related activities. The network also includes TV Shows, video clips and video sharing on over 150 ION® Sports Channels, the ION® Cities Network, ION® Kids Network (ionkids.com), ionMusic.com, ionFamily.com, ionHealth.com, ionLife.com and ionEvents.com, along with the ION® Awards.
From: http://www.broadcastnewsroom.com/articles/...e.jsp?id=100984