A promo airing on Chicago's Merlin Media-owned WKQX-FM (101.1) has brought out the lawyers for CBS Radio. The promo in question plugs "101.1 FM - New & Fresh." The term "Fresh" is being used on CBS Radio-owned WCFS-FM "Fresh" (105.9), and CBS Radio claims that they own the phrase "Fresh FM." CBS immediately sent Merlin Media a cease & desist notice, claiming a violation of their trademark. However, Merlin Media CEO Randy Michaels sees it another way, and his company fired off a letter to CBS Radio, stating, "I'm writing to assure you that we did not use any of those marks on the air. We simply described our station as 'fresh and new.' "We know that one of your stations in Chicago has been using that name, but it's our understanding that the name hasn't worked out well for you, and that you have announced your intention to abandon the name 'Fresh' on August 1." Michaels is referring to CBS Radio's WCFS (105.9) dropping their AC format to become the FM simulcast of all-news WBBM-AM (780). No word yet on whether CBS Radio will pursue the matter in court.