Is Cincinnati 'Roadshow' Causing Confusion? Public TV's Antiques Roadshow Has Complained Of Misleading Advertising In Court Action

CINCINNATI (TDB) -- The advertisement above appears on the front page of today's Cincinnati Enquirer. It is hawking this week's Roadshow, which opened downtown Monday at the Duke Energy Convention Center. But the event has no connection to the popular public television series Antiques Roadshow, which is produced by the WGBH Educational Foundation in Boston. That Roadshow -- which has complained it is being victimized by a fake -- isn't scheduled to be on the road this year until June 12, when it does its first event in San Diego. The owner of the public TV show, WGBH, contends in a federal court lawsuit filed last month in Springfield, Ill., that its good name has been sullied by an impostor. It is seeking a permanent injunction for trademark infringement, false and misleading advertising, and unfair competition and business practices. The 26-page lawsuit, filed Feb. 23, 2010, says consumers are being confused:

"This action arises out of and is based on Defendants attempt to usurp the good will of an knowingly trade on WGBH's famous and hugely successful Antiques Roadshow television program and its ARS Marks and treasure chest logo. Defendants' use of the names TREASURE CHEST HUNTERS ROADSHOW and ROADSHOW to refer to themselves.,their appraisal events and their online and television programming and their use of a treasure chest is without WGBH's authorization, and is done with the knowledge that such use is in violation of WGBH's rights. Such activity is designed to deceive and has deceived consumers into believing Defendants are associated with Plaintiff to generate interest in their own services and events . . .

"Defendants misappropriation of Plaintiff's ROADSHOW mark and the treasure chest device has had the intended effect of confusing consumers. Plaintiff has received numerous letters and e-mails asking whether Defendants' events are connected to Antiques Roadshow. Consumers who see the advertisement placed by Defendants have contacted WGBH to ask whether in fact Antiques Roadshow is coming to the advertised cities, asking how to obtain tickets and asking about what can be brought to the appraisal events."

While the Cincinnati Enquirer has not yet seemed to notice there is a legal dispute under way, the Springfield State Journal-Register in Illinois has covered the flap in-depth. It notes that the treasure hunters say they won a ruling in 1999 that the Roadshow name is not solely WGBH's. The company's president defended its business practices. A full-text version of the lawsuit filed by the Antiques Roadshow is available here (pdf).

Rural Ohio Weekly Newspaper Sues Gannett: Says Media Giant Has Swiped Its Name

CINCINNATI (TDB) -- Newspaper giant Gannett Co. Inc., which owns familiar nameplates across the nation from USA Today on down, faces a trademark infringement lawsuit in Ohio federal court. The publisher of a 10,000-circulation weekly called the Pike County Advertiser contends publicly traded Gannett ripped off the name and has been using it on a competing local publication. Pike County has about 28,000 residents in southern Ohio and is considered a portion of the state's Appalachian region.

The lawsuit, Case No. 2:07-cv-01290, is pending in Columbus before U.S. Magistrate Nora M. King. Gannett's lawyer, John C. Greiner of Cincinanti, filed a response earlier this week that described the lawsuit as baseless. He also claims the Pike County Advertiser had abandoned its nameplate. Gannett puts out a string of weeklies in rural Ohio that use the name Advertiser. Its dailies in the state include the Cincinnati Enquirer.

Pike County Advertiser LLC said it controls the trademark, and used it starting in 2003. It apparently temporarily suspended publication last year. It says Gannett has taken the name "with intentional and willful disregard" of the competitor's rights.

"Plaintiff published its newspaper on a regular weekly basis with each issued having a circulation in excess of 10,000 copies. Through its circulation, together with publicity and advertising, the name of plaintiff's newspaper had acquired good will, value, and a special significance to the public and to its readers, advertisers, and suppliers past, present and prospective, who understand the name Pike County Advertiser referred to plaintiff's newspaper."

The lawsuit adds that Gannett's publication "imitates plaintiff's Pike County Advertiser in virtually all respects, including among other things, its name, size, design, format, layouts, typeset and content organization."

Gannett denies that it has imitated the weekly.