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Thursday, May 24 2012

Rhythmix change name after Kent firm complains

Rhythmix are through to the live shows on ITV's The X FactorX Factor contestants Rhythmix are changing their name - after a complaint from a Kent charity.

The girl group will have to go back to the drawing board and come up with a new name after the Kent-based charity also called Rhythmix asked them to change it.

A spokesman for the ITV talent show said the group will reveal their new name "in due course".

Rhythmix the charity, based in Tunbridge Wells, dubs itself 'one of the UK's leading music charities' operating in Kent and throughout the South East.

Its CEO, Mark Davyd, created Tunbridge Wells Forum in 1993 - a venue for rising touring acts.

He said he is delighted by the news but was still annoyed at how long the argument lasted.

He added: " What happened is that the name came up and a search was carried out and they discovered it was the name of a music charity that worked with young people in music.

"At that point I think it's a quite reasonable proposition for everyone to make that that is the point you would say I am going to think of a different name. What they did instead was to say I'm going to contact lawyers to use the name anyway."

 

Audio: KMFM's Nicola Everett speaks to Mr Davyd, CEO of Rhythmix

The change comes after Mr Davyd wrote an open letter to Simon Cowell.

In it  he said it would cause confusion online for the charity, as music was at the heart of what the charity does.

The open letter to Mr Cowell, boss of entertainment firm Simco, continued: "Rather than seeking any discussion with the charity, considering any of the moral implications of their actions, or checking with the charity whether the pursuit of an exclusive trademark might have a negative impact on the activities of the charity, Simco and their legal representatives apparently sought a way to use the law to circumvent [our] trademark".

But he said he still didn't believe the media mogul's reputation as "Mr Nasty".

Charity Rhythmix manages and delivers the Youth Music Action Zone (Lottery funded by Youth Music) for Brighton & Hove, East Sussex, Kent and Surrey.

Thursday, October 27 2011

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  • RM wrote:

    Evan and Adam - what you have said is legally and factually incorrect. Pleas read OHIM and IPO guidance on the granting of trademarks. The charitable organisations has plainly publicly traded in the categories for which SyCo sought their exclusive trademark, and what Mr Davyd says in his above audio interview is correct; Syco basically engaged in a game to see whether the Charity was prepared to defend its right to the name, which would legally be described as acting in bad faith, and they lost. Legally they were certainly entitled to try and see if they could take the name, but the actions described taken by the charity wee the correct legal ones, and it is no surprise that the end result was that Syco backed down. The moral objections raised by the charity, which don't form part of your consideration of the matter, are surely of interest as this is a charity - they would not be part of the picture if it were two commercial companies. Evan - if your description of your history of problems in this field is correct I would be happy to offer legal advice.

    28 Oct 2011 8:03 PM

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  • genny wrote:

    Wow, these comments must be the most mean-spirited, idiotic, ill-informed rubbish I've seen about this story all week. A brilliant local charity working in our area wins a major victory over Cowell's moron machine, and all local people can think to say is this. Makes me sad to be from Maidstone. Well done Rhythmix, you stood up for yourselves and what was right. MOST of Kent is very proud of the work you do with disabled young people, and I'm sorry about these idiots.

    28 Oct 2011 7:53 PM

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  • joshua wrote:

    Seriously....The charity needs to build a bridge and get over it, they just wanted free publicity out of it...which is a pity that they'd sink that low!

    28 Oct 2011 1:41 PM

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  • R_W wrote:

    thats stupid coz they are all ready on the internet as rythmix so it will still happen and everyone knows them as that. it free advertising anyway???

    28 Oct 2011 10:06 AM

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  • SB wrote:

    All good publicity for the charity I reckon. Who has heard of them before? Loads of people have now. They'll dine out on this for years.

    27 Oct 2011 10:31 PM

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  • Leon S. Kennedy wrote:

    Who the hell cares? Too many girl groups anyway.

    27 Oct 2011 5:40 PM

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  • Evan, Music Media Director wrote:

    Have to totally agree with Adam, the charity were obviously being quite short sighted - they are a music charity and didn't trademark for music! So basically them being trademarked is a total waste of time.

    They're very lucky, we've had similar things where I work on smaller sclaes and record labels are unheard of changing a name when there is no trademark.

    Fault definately is short sightedness by the charity.

    27 Oct 2011 1:22 PM

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  • adam wrote:

    surely when you register a trademark you select which categories your trademark is valid for.

    So if the charity wanted to protect it's name in music, then they should have registered those categories?

    I don't see why syco/itv are at fault?

    27 Oct 2011 1:07 PM

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