PAM Media, Inc. v. American Research Corp.

PAM Media, Incorporated (PAM) and EFM Media Management, Incorporated (EFM) (plaintiffs) produced a successful radio talk show entitled The Rush Limbaugh Show (the Limbaugh show), which was hosted by Rush Limbaugh. On the show, Limbaugh, who was well known for his conservative political ideology, discussed political and social issues. In 1994, American Research Corporation (ARC) (defendant) began marketing a radio show called After The Rush (the After Rush show), which would be hosted by Aaron Harber (defendant). The After Rush show would air directly after the Limbaugh show and would provide a counter viewpoint to the discussions on the Limbaugh show. Neither PAM, EFM, nor Limbaugh approved the After Rush show or its title. PAM and EFM filed suit, alleging, in part, false designation of origin in violation of the Lanham Act. PAM and EFM moved for summary judgment, arguing, in part, that the After Rush show’s title was likely to cause confusion among the public as to whether PAM and EFM approved or sponsored the After Rush show. ARC also moved for summary judgment and asserted a First Amendment defense, arguing, in part, that prohibiting ARC from using the After Rush show title would violate ARC’s freedom of expression because the title was necessary to identify the content of the After Rush show. ARC also argued that the After Rush title would not cause confusion because of the obvious difference in content between the two shows.