Emap plc is bidding for a new, potentially lucrative Glasgow radio licence – but it's not alone. The gap in the market for a licence was first identified to the Radio Authority by a rival bidder, a consortium of Scottish media personalities proposing to go on air under the name 'Go FM'.
The Go FM consortium includes broadcaster Kirsty Wark, her husband Alan Clements and presenter Bryan Burnett. But Go FM is incorporated under the name of Glasgow FM Limited, and the team argued that Emap should find another name for its station.
In fact, Emap's station had already been through two name changes last month: from 'K Radio (East Midlands) Limited' to 'Magic Radio (Glasgow) Limited' and then to 'Glasgow FM (Radio) Limited'. The company currently owns 18 UK radio stations in addition to seven TV stations.
The team behind Go FM had justification for feeling that Emap was trying to steal its show: for three years, it had been alone in lobbying the Radio Authority with its plan for a new station to reflect "the vibrancy and diversity of Glasgow," targeting the 25-44 year old market.
The group successfully completed two trial radio licence broadcasts for a month each in 2000 and 2001 to prove to the Radio Authority that there was a demand and need for a new station.
This culminated in an advertisement for a large scale licence for the Glasgow area being issued in April – which caught Emap's attention, resulting in its 'Glasgow FM' bid.
Alan Clements, chairman of Go FM, explained:
"We have fought hard for nearly four years to get to the stage that the Radio Authority advertised a new licence for Glasgow. We registered the name Glasgow FM for our company back in '99. We asked Emao politely through our lawyers to change their name but they refused and unfortunately legal action was the only recourse."
If a business does not have a registered trade mark or is unable to obtain a registered trade mark, the law of 'passing off' can protect a brand. This was the strategy taken by Go FM.
To win in Scots law, Go FM would have had to convince the Court of Session that it had established goodwill and reputation in the brand; that Emap was using a similar brand; that this may cause the public to be confused into thinking that it is associated with the business of Go FM; and that it causes actual damage to the business or goodwill of Go FM.
It is generally difficult to prove passing off, and although the case is only an interim verdict – i.e. it could still go to trial and the order that stops Emap's use of the name could be lifted – the win against a media giant was significant for the small team behind Go FM. It also won expenses against Emap.
Clements said of Wednesday's verdict:
"I am delighted that the Court of Session has found in our favour. This removes any confusion regarding our truly Glasgow-based bid. We welcome competition – however recent – but only fair competition, not a new bid that causes confusion."
Emap proposes a station aimed at women aged 35 and over. Others anticipated contenders include Virgin Radio, Capital Radio, Saga Radio, Chrysalis and the Guardian Group's Jazz FM. The closing date for bids is 1st July.