St. Louis Stations in Legal Fight Over Branding

Two St. Louis stations are in a pissing match over branding phrases that neither one came up with, to begin with.

KMOV claims that KSDK infringed on its trademark by using the term “Weather First Alert” in its weather coverage, which is similar to KMOV’s “First Alert Weather” brand.

According to a lawsuit filed by Gray Media Group, the parent company of KMOV, KSDK “suddenly debuted” its new weather brand in October 2022, just two months after KMOV launched its “First Alert Weather” logo and branding in the St. Louis area. Gray Media Group alleges that KSDK’s use of the phrase is a “blatant pattern of willful, deliberate infringement” that aims to benefit from the goodwill and reputation that KMOV has built up with its trademarked phrase.

Gray Media Group registered the trademark for “First Alert Weather” in 2006, when it was known as Raycom Media Inc. The company acquired KMOV in 2021 and introduced the “First Alert Weather” brand to the St. Louis market in August 2022. The lawsuit says that KSDK had previously used the term “5 on Your Side Weather” for its weather coverage, and that it changed its brand without any explanation or justification.

The lawsuit cites several examples of KSDK using the phrase “Weather First Alert” or “First Alert Weather” in its broadcasts, website, app, and social media platforms. The most recent instance was on July 29, 2023, when KSDK published an article and an app update with the headline “First Alert Weather: Severe thunderstorm warning issued for parts of St. Louis area.”

Gray Media Group is seeking an injunction to stop KSDK from using “First Alert Weather” or any other confusingly similar combination of words, as well as unspecified damages for trademark infringement, unfair competition, and unjust enrichment.

Neither KSDK nor its parent company, Tegna, have responded to the lawsuit or commented on the matter publicly.

H/T St. Louis Post-Dispatch