Talk show host challenges radio program’s use of name that refers to him

COLORADO — USA Talk Network has big plans for the radio program “After the Rush,” and talk show host Rush Limbaugh intends to quash them.

“After the Rush” is designed as a counterpoint to the “rush” of conservative radio talk shows led by Limbaugh, according to the network. USA said it plans to syndicate the show nationally to air following Limbaugh’s program.

But Limbaugh’s producers say the show’s name is “a blatant attempt to trade on the popularity of Mr. Limbaugh and ‘The Rush Limbaugh Show'” in violation of state and federal trademark laws and the Lanham Act. Attorneys for EFM Media Management, Inc., which produces ‘The Rush Limbaugh Show,’ sent a letter to the network in late July demanding it cease and desist use of the name “After the Rush” and destroy advertising, promotional materials and demo tapes that carry the name.

In response, the American Civil Liberties Union Foundation of Colorado filed suit on behalf of USA Talk Network in U.S. District Court in Denver. The suit asks the court to rule that enforcement of trademark laws against the network would violate the First Amendment right to free expression.

(American Research Corporation v. EFM Media Management, Inc.; ACLU Counsel: Edward T. Ramey, Denver)

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