The court battle between KZTV(TV) Corpus Christi, Texas, and Nielsen Media Research stretched into a third day Thursday as the court heard more testimony in KZTV parent Eagle Creek Broadcasting’s breach of contract suit against the ratings company.
Nielsen delisted the station from the November ratings book after it ran a promo featuring a reproduction of a Nielsen diary. Nielsen prohibits targeting diary households. Eagle Creek obtained a restraining order preventing release of the book until the case is resolved. It argues that the penalty of delisting is draconian and should not have been levied.
Among those giving testimony in support of Nielsen are other stations in the market that want to start using the November numbers to sell. Those stations brought their cameras with them to record the proceedings, since the judge has allowed TV cameras into the hearing. Nielsen expects the hearing to wrap up and a decision rendered by tonight.
Nielsen has also filed suit against Eagle in federal court for breach of contract and trademark infringement. A Nielsen victory could moot that, or it could proceed with the trademark infringement over use of the diary graphic.