Update: See the CBS Radio response to this cease-and-desist letter from Merlin, at the bottom of this story.

Randy Michaels-run Merlin Media claims that CBS is violating the Lanham Act, for continuing to advertise its "1010 WINS" as "New York's one and only all-news station", and asks it to cease and desist, immediately.

Writing on behalf of his client Merlin Media, Matthew Walch of Latham & Watkins makes these points to CBS attorney Robert Penchina:

"First, Merlin Media is not precluded by law from identifying its competitors and highlighting its competitive advantages in the marketplace." Walch says what Merlin's "FM News 101.9" WEMP has been saying on-air and in TV spots "does not infringe or mislead customers; rather, it accurately compares Merlin Media's services to those offered by CBS."

"Second, Merlin Media's occasional ad-libs of phrases like 'all-news, all the time' or 'we'll give you the world' do not infringe or otherwise violate any rights held by CBS." But the letter says "because these phrases are not significant in Merlin Media's advertising...[it] will endeavor to stop using them in the future."

"Finally, unlike Merlin Media, CBS has engaged in repeated violations of the Lanham Act by falsely advertising the services it offers at WINS." Walch targets the longtime WINS claim about being the market's "one and only all-news station", and says "this statement is patently false, and has been so ever since Merlin Media launched FM News 101.9" in August 2011." The letter warns that "willful violations of the Lanham Act such as this false advertising expose CBS to claims for injunctive relief, monetary damages and attorneys' fees."

Here is the late-Monday response from CBS Radio: "We are pleased they have decided to discontinue their infringement of decades old and widely recognized CBS trademarks. All legal claims aside, we will continue to go about our business as the No. 1 and undisputed leader in New York radio news.”

The New York Board of Radio-Info.com continues talking about CBS versus Merlin, here.