Cumulus Sues Former Ticket Hosts Over Intellectual Property

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Cumulus Media, by way of Susquehanna Radio, has filed a lawsuit against Dallas sports/talk The Ticket’s (KTCK) former midday hosts Dan McDowell and Jake Kemp, alleging breach of contract. The lawsuit was filed in the US District Court of the Northern District of Texas, following the duo’s resignation after contract negotiations broke down in July.

McDowell and Kemp previously co-hosted The Hang Zone on KTCK since 2020. McDowell had been with the station since 1999. Kemp joined in 2009. After leaving The Ticket, they launched a Patreon-based podcast, The Dumb Zone.

The legal action claims that the pair violated noncompete agreements signed in 2018. Susquehanna Radio alleges that McDowell and Kemp created The Dumb Zone while still employed by The Ticket. The suit also accuses them of taking over social media accounts from their former show, The Hang Zone, and rebranding them for the new venture.

The company points out that the new podcast focuses on identical subject matters, targets the same audience, and they argue that the hosts flouted noncompete and anti-disparagement language in their contracts. Susquehanna is seeking a temporary injunction and restraining order against McDowell and Kemp and their new show.

Cumulus Media Dallas Vice President Dan Bennett noted in an internal memo that negotiations with the hosts began in December but broke down over digital media interests the pair wished to pursue outside of a Cumulus Media partnership.

On their recent podcast, McDowell and Kemp acknowledged the lawsuit but stated that they were advised by legal experts that they were doing nothing wrong. McDowell said, “Apparently they do want us to stop this. We’re working with certain advisors and we’ve been advised that we are doing nothing wrong, so don’t stop … for now. The wheels of justice move slowly, but I’ve also been informed by said advisors that it could move a little quicker here for this or that reason.”