It’s the ultimate David vs. Goliath story, and comes our way via Denver, Colorado. That’s where Jerry Cunningham, publisher and owner of OutFront magazine, the second oldest independent LGBT publication in the US, is waging a legal battle with Outfront Media Inc., the rebranded company that used to be known as CBS Outdoor. CBS as in the CBS Television network.
The saga began last November when CBS spun off its billboard division which became a standalone company listed on the New York Stock Exchange with the ticker symbol OUT. Suddenly, Cunningham’s phone started to ring with calls from potential billboard clients. Then, some the magazine’s own advertisers started to send payments to New York’s Outfront Media.
OutFront, the magazine, and OutFront the billboard company have nearly indistinguishable logos, leaving the casual observer to believe that the 40-year-old LGBT publication is behind billboards for anti-gay companies such as Chik-fil-A and Cracker Barrel restaurants.
Cunningham has sued the billion-dollar media giant for trademark infringement, a move that Cunningham suggests was expected by Outfront Media Inc. “Using a brand name virtually identical to that of Out Front, OMI has shown a willingness to sell advertising space to just about anyone, even those who are know to actively work against the LGBT community,” Cunningham said. “We firmly believe that use of Out Front’s brand with OMI’s intolerant advertisers will first cause us significant reputational and then pecuniary harm.”
A paragraph in OMI’s prospectus suggests that the company hasn’t been blindsided by Cunningham’s legal maneuver. “We may not be able to maintain or enjoy comparable name recognition or status under our new brand as we did using the ‘CBS Outdoor’ brand name,” the prospectus reads. “In addition, we may face the risk of claims that we have infringed third parties’ intellectual property rights with respect to our trademarks.” Seriously.
“OutFront has always been operated by a mighty few with the mission to reach, represent, and help out community and beyond,” Cunningham says. “We are not a billion or million-dollar company, and OMI knows this. It is my belief that OMI wants us to know they have the power to destroy us and will use that power if we do not buckle to their wishes. OMI’s recent frontal attack of our brand and market demonstrates that OMI cares not a whit for the damage it is causing and the confusion it is creating with the public. It will continue like a juggernaut to destroy our business unless stopped,” Cunningham concludes,
Q Publishing Group filed a lawsuit against Outfront Media Inc. in federal district court in Denver last February claiming unfair trade practices and misappropriation under Colorado common law. Motions are expected ahead of an expected 2016 trial date.
Attempts at mediating a resolution earlier in the year have failed. Cunningham is reaching out to the LGBT community for help funding his legal battle. A GoFundMe account has been created at https://www.gofundme.com/OUT-FRONT?utm_medium=wdgt.
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