From this morning's Tom Taylor column...
Remark LLC and Celestial Mechanix say that back in 2003, they licensed a “Remarkable Mouth” spot to Cumulus for a six-month period – but that recently, Cumulus ripped off the trademarked idea for a spot on behalf of the classic rock station it LMA’s in Chicago, “Loop” WLUP (97.9). If you’ve never seen one of these spots, they feature “a close body shot of an attractive woman...the woman speaks directly into the camera, in her own voice, to introduce the name of the station being promoted…[there’s a] camera shot of the woman’s face, with emphasis on her mouth…the woman’s voice changes to a voice or sounds not her own, as she lip-synchs to promote the broadcasting content of the subject station.” That’s the description of the “common expressive and distinctive elements” of the trademarked spots cited in the suit filed in Buffalo, against Cumulus. Mechanix says “Cumulus copied the Remarkable Mouth commercials” without permission in a “deliberate and willful” manner – and it asks the court for an injunction, damages, and attorneys fees.
Of course, what they don't mention in this piece is that the Loop made those "remarkable mouth" spots famous in the first place. Remember Lorelei in the late 70s/early 80s?
