KDSK St. Louis Denies It Stole Gray Media’s First Alert Weather Trademark

KDSK Channel 5 in St. Louis asserts 15 affirmative defenses in denying Gray Media’s allegations that it infringed Gray’s First Alert Weather trademark with its own Weather First logo (see 2309180002), said KDSK’s answer Thursday (docket 4:23-cv-01163) in U.S. District Court for Eastern Missouri in St. Louis. Gray’s asserted First Alert Weather mark hasn’t become “distinctive of Gray’s goods in interstate commerce,” said KDSK’s answer. Some or all of Gray’s claims also “are barred by the doctrine of fair use,” it said. Gray’s claims also fail because there’s "no likelihood of confusion" between KDSK’s use of Weather First and Gray’s alleged First Alert Weather mark, it said. Gray’s asserted First Alert Weather mark “already co-exists with numerous similar third-party marks.” said KDSK. That means “the consuming public will readily differentiate” between the asserted First Alert Weather mark and KDSK’s use of Weather First without any likelihood of confusion, it said.