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Rhythmix slams X Factor for silence on trademark wrangle 1

Governance | Vibeka Mair | 9 Nov 2011

The chief executive of music charity Rhythmix has slammed the X Factor for continuing to apply for a European trademark of its name, despite bowing to public pressure and changing the name of a girl band on its show that had been using the moniker. 

Last month, the charity Rhythmix spent £8,000 in legal costs to protect its name and brand, after Simco, the company that produces the X Factor, tried to trademark the name Rhythmix for use by a girl band on the show.

The charity had a UK trademark of the name under the education category, but Simco had applied for a European trademark, which would supersede the UK one.

Following an online campaign and public pressure, the X Factor announced it would change the name of the girl band, though it did not contact the charity directly, who found out about the decision on the news.

In a letter to X Factor producer Simon Cowell this week, chief executive of Rhythmix, Mark Davyd, accused the X Factor of staging a PR event by publicly changing the name, but not removing the legal application for the  European trademark and refusing to respond to letters.

“Simco and your legal representatives are choosing not to respond to any of the formal letters sent to them,” he said.  “This is despite the legal problems between your company and the charity being caused entirely by the actions of Simco, despite the thousands of pounds in legal fees that are the responsibility of Simco, and despite the failure to conclude the matter properly.”

He added: “The legal costs are £8,000. This is equivalent to 120 hours of music making and social interaction for vulnerable young people that benefit from the charity's work. It is, coincidentally, equivalent to roughly three seconds of advertising time during the X Factor.”

Rhythmix: Simco is 'arrogant'

Davyd said the charity would not continue any legal action, but would continue to use the name and brand:

“We won't ask your permission, and if you or your company seek to prevent the charity in engaging in its normal activities we will simply notify the public of your actions and let them decide what should be done,” he said.

“The actions taken and the attitude displayed by Simco throughout this matter demonstrate a level of arrogance and lack of responsibility that we believe should concern you as the public face of the company. You can choose to take an interest in this matter or you can choose not to. Whatever you choose to do, the aim of this letter is to ensure that both you and the public are fully aware of the actions of your company.”

The X Factor did not respond to enquiries. As of 8 November Simco still held a trademark application for the name Rhythmix.

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