Corus Radio has received a favourable ruling in the Court of Queen’s Bench over a station-naming power struggle.

Corus Radio Inc., one of Canada’s largest media and broadcasting companies, brought forward an injunction to restrict Calgary-based Harvard Broadcasting from using the POWER 107 name and logo after it rebranded the CJNW-FM Edmonton radio station to POWER 107 from HOT 107 earlier this year.

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Corus argued the rebranding was done to cash in on the POWER brand, which Corus retired in the early 2000s. While Corus currently operates 92.5 as CHUCK, the company argued it still holds the copyrights and trademarks to the POWER and POWER 92 brands. Corus also claimed Harvard attempted to market its rebranding through nostalgia by marketing phrases and advertising during contests and promotions that were “nearly identical” to phrases used by the former POWER 92 station.



On Monday, Court of Queen’s Bench Justice Nancy Dilts ruled Calgary-based Harvard Broadcasting Inc. is restrained from using the POWER 107 name or logo, the POWER 97 word mark, any trademarks or trade-names that includes POWER or any trademark or trade-name that is similar to the POWER 97 word mark in the in the radio industry. Harvard, in return, argued Corus abandoned its claims to the POWER name more than 16 years ago and had no claim to the brand. On Monday, Court of Queen’s Bench Justice Nancy Dilts ruled Calgary-based Harvard Broadcasting Inc. is restrained from using the POWER 107 name or logo, the POWER 97 word mark, any trademarks or trade-names that includes POWER or any trademark or trade-name that is similar to the POWER 97 word mark in the in the radio industry.

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“Harvard is also restrained from making representations to listeners in print, online or on-air that imply in any way that the 107.1 FM Edmonton radio station is a revival, continuation of, or is somehow associated with or is otherwise endorsed by Corus’ POWER brand,” read Dilts’ decision.

In her decision, Dilts says the continued use of POWER 107 by Harvard would narrow any remaining opportunity Corus has to re-enter the market with the POWER name and that Harvard’s actions extend “beyond loss of revenue associated with loss of listenership.”

“If Harvard is not enjoined, Corus’ distinctiveness in its POWER brand will continue to fade,” the decision reads. “This is a loss not compensable in damages.”

Dilts did, however, rule that Corus did not demonstrate that Harvard’s use of the POWER name had resulted in a rating loss for CHUCK 92.5, stating Corus had acknowledged it had concerns to its station’s ratings before the POWER 107 launch.

Both parties now have until Jan. 10, 2020 to provide written statements on costs if they cannot otherwise agree.

Christian Hall, national program manager with Harvard Broadcasting, sent a statement to Postmedia Monday he said the company was circulating to the community.

“While we don’t agree with the decision, we will respect it,” reads Hall’s statement. “While we believe we have the grounds for an appeal, we do not wish to consume any more of the court’s time on this case.”

The statement goes on to say the station will continue to play the same music, while taking suggestions from the public for a new name.

Corus Entertainment did not respond to requests for comment as of press time.