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X Factor Rhythmix Row Has Cost My Charity £8k - and It's Still Not Over

Posted: 09/11/11 23:00 GMT

Hopefully by now you might have heard of a little charity I work for called Rhythmix. Maybe you know us for all the great work we've done over 12 years working with vulnerable young people across the south east of England.

Possibly you've heard about the very important work we do with young people with severe learning or physical disabilities.

Or maybe you've attended one of the literally hundreds of gigs we've put on showcasing the music created by those young people. Or even from the CDs of that music we've released?

None of those? I'm joking of course. You know us from such informative headlines as 'Charity sues X Factor over name of girl band' and PR statements from X Factor such as "they only trademarked it for educational purposes!"

To summarise; on 23 September 2011 Simco (a company largely owned by Simon Cowell) tried to take control of the identity Rhythmix for use by some contestants on the X Factor using trademark methods available to them in Europe.

Simco and X Factor did this in the full knowledge that 'Rhythmix' was an existing trademarked name of a music charity that works with vulnerable young people. The use of the name was announced on the X Factor on 1 October, and the charity wrote to Simco, Talkback Thames, ITV, Syco, X Factor and their legal representatives repeatedly in the subsequent three weeks asking for the name to be changed or for Simco to stop seeking to control the identity.

On 26 October at 9am, I signed a letter from the charity publicly asking Simon Cowell to stop his staff pretending that the charity was causing a fuss about nothing and simply change the name. At 5:43pm that day the name of the girl band was changed.

What I wasn't able to say at the time, and I still wasn't able to say even yesterday, is that despite us writing to Simco's legal representatives over and over again - and despite them taking days to reply, then taking a week, then not answering at all, then suggesting a joint PR statement, then suggesting nothing, then having a think and a lie down - on the day they announced the name change they didn't consult us to agree how to do that.

They actually released the statement, then sent us an email titled "Without Prejudice/subject to contract/private and confidential", (which is what we weren't allowed to discuss) telling us their conditions for allowing us to take over the trademark application that in our opinion they should never have launched in the first place. They only had one condition, to be precise, and it goes as follows: "This would be on the understanding that your client would refrain from any derogatory comments about them/Syco/Simco/TalkbackTHAMES/X Factor going forward."

Our lawyers very politely wrote back saying, "that sounds fine, except for the bit about not being able to say anything about it, which our client Mr Davyd feels is a little bit mad and makes you sound weird, and of course failing to mention the £8,000 in legal costs run up, because you did something you shouldn't have done in the first place."

They continued, "what about you pay the legal fees, give us the trademark application you shouldn't be pursuing, and we agree that our clients should be allowed the basic right of free speech."

I'm summarising and paraphrasing, but that was the general gist. They didn't respond. So we wrote to them again. And they didn't respond. So we wrote to them again. Can you guess what happened next?

Yesterday we released a new "open letter" and the internet, which these days closely resembles a swarm of angry wasps from where I am sitting, had a collective hissy fit.

So today, I'm pleased to say that we received a very nice apology from X Factor plus a cheque for £8,000. I'm joking again. What we got instead was another semi-correct, partially misleading PR statement from them which said "In fact, on 26th October, lawyers acting for Little Mix wrote with Syco's approval to the charity, offering to give them the trade mark, but the charity didn't accept the offer and specifically asked that the trade mark application should not be withdrawn."

Can you clever readers see what they did there? They mentioned all the bits that make them look lovely and cuddly, and none of the bits about letting a children's charity whistle for eight grand and telling them to keep their mouths shut.

So what's gone wrong here? Sometime on or about 23 September, a researcher working for Simco/Syco et al was asked to check the name Rhythmix to see if they could use it for a girl band.

Their reply was presumably "It's a music charity that works with vulnerable young people" or alternatively "I have no idea how google works, let's wing it".

Upon receiving this information, somebody at Syco/X Factor/whoever these people are, instead of saying what 99.9% of the population would say i.e. "Oh, that looks a bit crap, let's change the spelling or use a different name", presumably instead said "work out if there is a way in trademark law we could get that name off them, and make sure it's legally watertight so we can control the identity in full and lay out weird terms and conditions for allowing their continued existence."

I have no idea whether they stroked the white cat on their lap or said their catchphrase "exxxxxxxcellent" immediately after this, but it does tell us an awful lot about the culture of working in television; the answer is yes. Now what was the question again, and how many people do we need to tread on to make it happen?

 

Follow Mark Davyd on Twitter: www.twitter.com/markdavyd

Hopefully by now you might have heard of a little charity I work for called Rhythmix. Maybe you know us for all the great work we've done over 12 years working with vulnerable young people across the ...
Hopefully by now you might have heard of a little charity I work for called Rhythmix. Maybe you know us for all the great work we've done over 12 years working with vulnerable young people across the ...
 
 
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09:42 PM on 11/14/2011
Why waste £8,000. If you had asked Rhythmix to perform a charity concert for you they may well have agreed, you would have had great publicity and made money. It's not that big a deal you will be still be going long after Rythmix have been forgotten ie by the time the left over turkey has been eaten.
12:59 PM on 11/14/2011
this is a fantastic article, I wonder what the value of brand advertising the name Rythmix has had since X factor was launched this year V the legal costs.
I assume that the website traffic may have increased some what - so in truth great advertising for a charity that the majority of people never heard of.
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AlanDente
Noses: made to hold glasses
11:21 PM on 11/13/2011
As an aside, every story about this with a 'comments' function appears to garner a number of posters making a lot of points which are wrong, but take a long time to refute (there's a term coined for this but I can't remember it offhand, although William Lane Craig is one of the experts in the use of this technique when it comes to this kind of debate 'filibustering', if you're interested).

This leads me to assume that

1. either a lot of people really, really, blindly, love the X factor or

2. people associated with SimCo are trawling the internet to post remarks positive to their cause

Note that a lot of these strange comments come from people with 0 fans, recently signed up.

Bit confusing isn't it? Actually, I'm being obtuse- it's pretty obvious what's going on when you think about it.
12:50 AM on 11/13/2011
I also agree with "thesizeofthestate". I think charity workers should be unpaid, no matter where in the organisation they sit. If I gave money I would expect it to go to the people in need not into someones pay packet.
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HUFFPOST SUPER USER
courtb
04:04 PM on 11/13/2011
How exactly do you expect charities and non-profits to run? People have families to feed, mortgages to pay, etc. If it doesn't pay, you won't have quality people running them full time, which will negatively affect the charities - even possible limiting the number of charities out there.
08:33 PM on 11/13/2011
"A system of giving money, food or help free to those who are in need because they are ill, poor or have no home, or any organization which has the purpose of providing money or helping in this way". Above is the definition of charity. Note the emphasis on "free". Nowhere does it say for a small fee or minus expences. If you can not afford to help then dont, leave it to somone who can.Too many people jump on the charity band wagon. Every time someone dies the family starts up some spurious charity hoping to live of the procedes.Just look at the McCanns.How much money do they spend swaning round europe dinning with the pope and other bigwigs, makes me sick.
12:46 AM on 11/13/2011
At the end of the day it's up to the individual to decide if and where they donate money. If you don't like the way this charity is run then there's plenty of others you can give to.
05:29 PM on 11/12/2011
Who had heard of this charity before they kicked up a fuss at the X Factor. They'll soon recoup this money from the free publicity the show has generated them. They're all over the internet whinging. Get a grip.
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majesticjkr
Always look on the bright side of life
10:49 AM on 11/12/2011
charitys get what they can, there not entitled to make a set amount
04:52 PM on 11/11/2011
since when did people have a 'career' working for a charity. Charity means volunteering. Being paid a massive salary does not constitute being a 'modern folk hero'. it's like the wholeof society has had a nervous breakdown. Almost everyone is either 'working' for a charity or 'working' for the government. Either that or they're camped out on the steps of St Paul's asking for more 'entitlements'. Multiply this insanity across Europe and you have to ask if it's any wonder that we feel we're in the last days of the Roman Empire. For God's sake. . . everyone. . . GET A JOB!
11:23 PM on 11/11/2011
It's easier to be angry at the little guys isn't it?
07:09 AM on 11/12/2011
Just to correct two of the erroneous assumptions you've made, because people shouldn't leave with the impression that your point of view is based in fact. 1) I'm not paid a "massive salary" 2) I have several jobs, which would have been fairly easy to find out if you weren't so intent on rewriting the dictionary so that Charity = volunteering.
05:11 AM on 11/11/2011
Nobody ever heard of them until the X factor came along. They've got more publicity than they ever could afford. As for the lawers, bigger fool them for using lawers in the first place.
Publicity seeking idiot.
03:24 PM on 11/10/2011
I think the Charity were a bit short sighted to be honest. SO the name was the same! If anything it might have got the Charity even more recognision as anyone searching for the XFactor girls would have come across the Charity and actually looked into it.
The theres spending £8000 on legal costs. Was it worth it, really??
03:42 PM on 11/10/2011
"anyone searching for the X-Factor girls would have come across the charity and actually looked into it".

Really? People searching for the girl band would find the charity? I had no idea that search engines promoted charities above manufactured bands run by multi-million-pound businesses. What a wonderful world we live in.

The opposite is true. Before the girls chose to change the bandname, Kirt, anyone searching for "Rhythmix" the charity was going to find it hard to do so - because of the weight of pages, pictures and stories about the X-factor.
04:13 PM on 11/10/2011
Nice first comment Kirt, well done [pats head].
09:59 AM on 11/11/2011
Thank you :)
03:19 PM on 11/10/2011
Congrtulations on sticking it out and keeping your sense of humour. I bet that was a whole lot more stressful than you make out.
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