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Tabloid can use current name

A judge chooses the status quo until a naming fight between the St. Petersburg Times and Tampa Tribune goes to trial.

By HELEN HUNTLEY
Published March 4, 2006

U.S. District Judge James Moody Jr. opted for the status quo Friday in the legal battle between the parent companies of the St. Petersburg Times and Tampa Tribune over use of the name "Tampa Bay Times."

Moody ruled that Times Publishing Co. can continue to call a publication tbt* Tampa Bay Times, so long as the "tbt*" is seven times larger than the "Tampa Bay Times." It prevents the company from using the "Tampa Bay Times" name alone in the nameplate.

"This exception is intended to maintain the status quo pending a trial in this matter," he said in the ruling.

Times Publishing has been publishing a free weekly newspaper named tbt* Tampa Bay Times for the past 18 months. Starting Monday, it will publish the paper five days a week.

Tribune Company Holdings and Media General Operations Inc. sued Times Publishing in federal court, asking for an injunction to prohibit use of the "Tampa Bay Times" name, saying it is too similar to "Tampa Times," a name for which the Tribune Company holds the trademark. The Tribune Company formerly published a daily called the Tampa Times, which ceased publication in 1982.

Moody said "the mere inclusion of the regional descriptive word "Bay' is insufficient to distinguish" between the names.

"We're pleased that the court allowed us to continue publishing tbt* Tampa Bay Times with its current nameplate," said Paul Tash, editor and chief executive of Times Publishing. "Of course, we would have liked to proceed without restriction on the design or use of our name. But make no mistake; we remain very confident about our legal position when this case comes to trial."

Tribune officials referred calls to their lawyer, Gregg Thomas, who was not available for comment.

Times Publishing launched tbt* Tampa Bay Times in 2004 in an effort to reach young adult readers. The weekly publication is a tabloid focusing on entertainment and features. The new daily will be a tabloid of more than 40 pages emphasizing short news stories and sports and entertainment coverage, with a circulation of about 40,000. On Fridays, tbt* Tampa Bay Times will be larger and include a pull-out entertainment section.

The publication is distributed free at hundreds of locations in Pinellas and Hillsborough counties, including restaurants, grocery stores and boxes on the street.

Media companies in other major metropolitan areas have similar free publications, including those in New York, Chicago, Dallas and Washington.

Helen Huntley can be reached at hhuntley@sptimes.com or 727 893-8230.

[Last modified March 4, 2006, 01:46:12]