Rhythmix (the charity not the band) ask for your support in their X Factor legal battle
English charity Rhythmix have issued a press release, asking for people to support them in their battle against The X Factor.
The music based organisation – located in Tunbridge Wells – have been in dispute with the ITV show for the last month, after they used their name as the moniker for one of their manufactured girl groups – formed at bootcamp.
In their press release, Rhythmix claim that, bosses behind the series agreed to urgently deal with the matter, but now, a quarter through the series, they have stalled for more time and refused to settle the matter.
On their Facebook page tonight, the charity posted the following statement:
On 23 September 2011, Simco (a company owned in large part by Simon Cowell) lodged an application in Europe to trademark the name “Rhythmix” for use by the programme X Factor. At the time of lodging that application, X Factor and Simco were fully aware that “Rhythmix” was an existing trademarked name of a music charity that works with vulnerable young people. 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 any negative impact on the activities of the Charity, Simco and their legal representatives sought a way to use the law to circumvent the trademark of the Charity.
The two questions for X Factor, ITV, Syco, Simco, Freemantle and Talkback Thames are simple:
1. You knew it was a music charity working with very vulnerable young people, so why did you try to take the name, aggressively seeking to limit the use of the name by the Charity by lodging applications to grant you the exclusive right to record, create promotional items and even use the word in printed media?
2. If you thought it wasn’t going to be a problem, now you know it is. Professional people who work in this field are telling you it is. The media are telling you it is. The public are telling you it is. Why have you so far failed to make a public statement clearly laying out your reasons why you need to keep the name…. or why do you not simply change the name?
On the 14th October, Simco and the other parties connected to the show claimed to be having an urgent meeting to deal with this and that they would come back to the Charity on or about 17th October. This morning (24th October), the Charity have received another holding letter from legal representatives for the programme, claiming to need further time to consider their position.
Rhythmix the music charity feel that it is a reasonable supposition that instead of dealing with this promptly and reasonably the various parties connected to the programme are intent on delaying discussions about this matter until either a) the group are removed from the show by the audience or b) Simco’s claim to the trademark is granted whilst the parties are supposedly discussing what to do about it. Unfortunately, this tactic by Simco means that the Charity has no option other than to pursue the legal means available to it to object to their trademark application, at a financially unjustifiable cost that Simco are fully aware of but refuse to act to mitigate.
There has been some suggestion across social media that the Charity should regard this situation as a publicity opportunity, with some fans of the programme stating that the charity should be grateful for the publicity being given to it by X Factor. Without going into the inappropriateness of the publicity offered by a connection to X Factor for a music charity that works with very vulnerable young people we would draw everybody’s attention to the fact that X Factor and Simco have not actually offered one single publicity opportunity at all to the charity and that all the publicity and good will that has been generated to date has been created by independent people through the press, media, social media and public support. Awareness and publicity for this issue is being spread because the public think it’s wrong. The matter was raised on the ITV programme Xtra Factor on 23 October by the band Rizzle Kicks, and was immediately covered up by the presenters and floor managers.
The Nirvana for Xmas no 1 campaign (http://www.facebook.com/nirvanaforno1) was created in response to Simco’s actions. It is fast approaching 60,000 likes. The Rhythmix Facebook (http://www.facebook.com/RhythmixMusicCharity) page has soared to over 2k likes. A private group of social media gurus and online activists (Raging for Rhythmix – http://www.facebook.com/groups/150197561745614/) is in direct contact with the charity and helping Rhythmix on a number of fronts.
If you want to support Rhythmix, and you haven’t already done so please
1) Share this statement
2) Go to our facebook and like us – http://www.facebook.com/RhythmixMusicCharity
3) Follow us on Twitter – http://twitter.com/RhythmixMusic and get tweeting – anything that includes our @RhythmixMusic #Rhythmix #xfactor #changethename
4) Please donate some money to help us fight this – any money not used in the legal battle will be used to do what we do everyday – help vulnerable young people make music – http://fb.me/100C1MbNq
5) Join Raging for Rhythmix and help the Charity protect it’s identity:http://www.facebook.com/groups/150197561745614/
The Charity wants to put it on record that we wish Jesy, Perrie, Leigh Ann and Jade the very best of luck and hope they do well under a new name. Could we please ask fans of the four and supporters of any pro-charity campaign to respect the fact that Rhythmix is a charity that works almost exclusively with children and young people when making comments.
So we want to know what you think of the dispute? Are Rhythmix being petty, or should the juggernaut that is The X Factor back down on this one?
Leave your comments below and let us know where you stand.
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If charities are going to be like this – really bitchy, they shouldn’t be allowed to help others!
RHYTHMIX (the girl band) are amazing’ and The X Factor has already said that the charity can take them to court but would cost too much for a charity that bullies other organisations – also the charity is said to be only using the name for educational purposes and therefore the X Factor are entitled to use the name.
I’m supporting you girls all the way in the X factor, go Rhythmix!!!!
And i’ll also point out that the charity (which no one has really ever heard of before) are complaining to put themselves on the map but in fact the band would actually do them a good bit of publicity anyway, so the charity is just petty! They’re not supposed to care about things like that or they’re not a proper charity – license should be taken away! They should be busy devoting more time to helping those they help instead of worrying about the name of a band on X Factor!
One last thing, The name clash wouldn’t be brought up if there was two Katy Hudson’s was there (I use this example because of KH the actress and K Perry (the singer) – she changed her name because she didnt WANT to be associated with the actress but she didn’t have to), so why is it different for groups!
Go Girls, rooting for you!
Paul, that is the most retarded thing I have ever heard. Go back into your hole you media sheep.
Paul Tindall, what an utter load of crap you speak. Utter utter dross
Seriously… the charity that have been around for years is bullying the big money corperate machine of Simon Cowell?
Honestly? what drivel… anyway we showed Cowell in 2009 and we will show him again this year.. you have overstepped the mark further than your trousers have overstepped their natural level.
https://www.facebook.com/nirvanaforno1#!/nirvanaforno1
Paul
Don’t suppose checking the facts out before posting a ridiculous rant is beyond you?
However, bothering to do some proper checking out of trademarks was clearly beyond whoever had the job at x-factor so maybe I shouldn’t be surprised at this generation x comment…
Just because you have posted a rediculous and totally wrong rant in support of Rhythmix (the terrible, tallentless fools) they will not let you have sex with them.
Nirvana for numbr 1 anyone?
I’m sorry? Que?
“The X Factor has already said that the charity can take them to court but would cost too much for a charity that bullies other organisations…”
A charity doing excellent work with vulnerable young people is a bully when they lay claim to the name they have had for 12 years? Even you, Paul, can surely do better than that?
Paul Tindall: X Factor every single year starts off by exploiting deluded people and making them a public laughing stock – it’s quite medieval really. Then they exploit every sorry tale they can find to tug the heart strings – further exploiting challenged people to get “the story” and generate interest in the show.
I see you are as deluded as the people who are made fools of on public tv every year – you should try out. You never know, you might be the next wailing violins feature. With logic like that you would be a shoo-in.
This is all so unnecessary. All that was needed was for the group to change its name – even a small change would have been enough to stop this problem in its tracks. Will those girls sing better or worse with a new name? Of course not! Will their new fans love them any the less? I hope not. If they did change, I’d even phone in a vote as a thank you.
its kinda ironic that a charity that helps vunerable people is being trampled over by a tv programme that broadcasts vunerable people in order to give the audience a laugh.
Paul are you an actual waste of a human life xfactor should have taken one look at the name and thought its a charity we better think of something else not lets see how we can bully this charity into submission and get away with the name why not call the band OxFam, UNICEF, or even better im going to start a band and go on xfactor and call it Cancer Research UK now I honestly couldn’t care less about Xfactor who wins and loses does not effect my life cause they bring out 1 song then disappear but when a big company thinks they can do what ever the hell the want it’s bloody out of order if xfactor win this case the charity cant make fliers or promotional items to help raise money directly effecting those in need who are helped by the charity.
1st thing that should happen is that the group name ets changed no-one cares what there called there crap
2nd Rythmix (The CHARITY) should be given a very generous donation by Simco so they can make the money back they’ve spent on fighting this and put it to better use.
I mean for christ’s sake theyre only trying to help people
I think Paul’s post might be the greatest response ever on this website, and can be broken down into the following: “I have never had a girlfriend, and I am extremely hormonal. Please please please PLEASE will one of the girls on telly let me see them naked, I’ll say absolutely anything, even to the point where I will slag off a charity working with disabled kids rather than believe anything bad about them or the telly programme they are being abused on.” I particularly like the last point, where he thinks all actors have the same name….. quite quite brilliant, and really made the morning.
Katy Perry would have changed her name as membership into some entertainment governing bodies decrees it necessary if you have the same name as another already registered entertainer. look up rules and regulations of Equity …. Ironically an organisation who may also become embroiled in this argument over name ownership, as the band may need to be registered with them to perform.
All in all SIMCO have behaved appallingly and it is so ironic that the X Factor charity shingle will for a children’s charity this year. SIMCO, X Factor, Talkback TV et al all know their actions are absolutely wrong and if nothing else Tulisa should make a stand and change the band’s name immediately.
Paul makes a good point. The only purpose in being alive is to stand a slim chance of making Simon Cowell some more money, and all these diabled kids, these kids in care, these kids with “problems”, and the pointless charities that represent them, need to get out of our way baby, we’re a girl band! God bless the almighty buck.
Get a grip. It’s a rubbish name anyway. Just leave them to it, it sounds better for the girls rather than a charity which, to be quite honest can’t really be doing all that much good, when no one has even heard of it!! If anyone is actually supporting this, more fool you. Whats the point anyway… anyone who actually cares enough to have even heard of Rythmix, associates it with the band NOT the charity. The girls are never going to loose the name Rythmix now, even if they are forced to change the name, people will still refer to them as Rythmix… so again, whats the point? The charity are fighting a losing battle, one that they have already lost. Stop why don’t they stop spending charity money and time and actually do some good!
I really cant believe how stupid you people are
Absolutely agree with what Rythmix says above. Rythmix is an absolutely brilliant name for the group Rythmix, and the silly Charity Rhythmix should really stick to their silly name Rhythmix (with the H) which is a stupid name anyway. Why’s it got an H in it!!?!! Can’t the Charity spell???? Go Rythmix. You’re hot. and you’re making a very good case for why Rhythmix the silly inconsequential charity should be doing more to help kids with dyslexia.
get a life man, and im guessing youve never needed a charities help, oh and it does more than help dyslexic kids you tool, oh and accept it if those girls saw you in the street they turn their noses up and go hook up with justin bieber or some other fad singer
“On 23 September 2011, Simco (a company owned in large part by Simon Cowell) lodged an application in Europe to trademark the name “Rhythmix” for use by the programme X Factor. At the time of lodging that application, X Factor and Simco were fully aware that “Rhythmix” was an existing trademarked name of a music charity that works with vulnerable young people”
That’s the key part of the article. Simco and X-Factor were already FULLY aware that it was a name of a charity, and they are trying to bully a charity out of it’s name, therefore killing it’s recognition that it’s already gained.
Quite frankly if anyone sides with Simco and X-Factor on this issue then they’re a moron for thinking that a name of a girl group(not questioning whether or not they’re a good group or not because it’s irrelevant) should take priority over a charity that works with under privileged kids.
But alas the meaning behind the name doesn’t really matter, but it’s nice to add a little morality to the issue, but what doesn’t matter is the charity existed long before this season of X-Factor, and the charity already own the trademark for the name, so really this should be a non-issue, but Simco and X-Factor have somehow made it an issue.
You say can’t rhymthix spell? Well rythmix is not a word either and if your talking about how close to the real word of rhythmic then all the charity did was change a c to an x where as the band did that and removed a letter. So if rhythmix should be helping dyslexic kids looks like your one along with me for thinking rhythmic only has the 1 h in it. In regards to what has happened to the word for it’s use in charity and band it’s like what the Americans do to the English language… Remove some letters and change s to z …….
Anyone who decides to support that wannabe x factor group has several screws loose and needs to get a clue
x factor just want to make money so they should back away from a charity that actually HELPS people and not a crap show doesnt film them getting abused, tearfull and crushed on live television for a chuckle
I agree with all the people who have realised all of this and think a certain mister Paul Tindle should take a swim in a crocadile infested lake, dude they’ll be gone in 3 years abut the charity will still be there helping people.
oh and anyone who accused a non-profit charity organisation a bully needs to sew their lips together
hope you all can see the truth now X factor= BAD! Charity=GOOD!!
Sorry the part on the second line should be “and not a crap show that films them getting verbally abused, tearfull and crushed on live television”
Honestly, what a pathetic charity, first off you snobs getting on the bandwagon, put your macbook pros down (or iphones) put on your hipster hat and take a walk outside.
First off I dont really like Xfactor, my girlfriend does, thus Saturday nights in, consist of the show. Too many adverts and obviously keeping in terrible acts to keep the show in the media, irritate me. But now and then an act comes along, that I actually partially enjoy. Janet Devlin for one. Then there is Rythmix the group. Thrown together last minute, these girls have formed a real bond and are all talented (someone above said they have no talent, for someone suporting a music charity, that is real charitable of you).
Then out of no where comes this charity no one has heard of outside its immediate area, credit to them for working for others, but here is what irritates me. Instead of trying to work with the girls or producers, they insert some music snobbery in and claim a girl band would ruin their reputation, well guess what, it did, but of the charities own doing and these idiots arguing the case for them.
Such snobbery should not be involved in charity, the charity could of gone to syco and talkbackthames and asked for proceeds from the shows the girls are appearing in, even royalties or premotion from Xfactor. Xfactor would of surely of obliged as the charity themselves have shown in their own posts, Simon Cowell works with a lot of charities.
Now I myself am into heavy metal and classical music. I dont have much time for chart music, but my gf does, and if I hear a good tune, then its a good tune, regardless of who made it or what genre it is. Instead of giving these girls a run and possibly making something of it in the future promotional wise, they claim copyright of the name, which in fact in court they would fail badly at, because they are a charity, not an act. The real charity here is either the girls or producers for agreeing to change the name.
I will never give a penny to a charity who cares more about the charity than its recipients, not to say Rythmix is that way, but they aren’t giving themselves a good rep and you people sure are giving the charity a bad name.
1: The name “Rhythmix has already been trademarked by the charity.
2: The charity has been around for 20 years.
3: SOMEONE at Simco/X-Factor had the job of choosing the name/checking it was available, and DIDN’T … How is THAT the fault of the charity?
4: If Simco are granted the exclusive right to use the name in printed media and promotional items (ie ANY advertising, letterheads, posters etc), then HOW are the charity supposed to function or continue the work they’ve done for 20 years?
5: Whilst the charity have been using the name to raise funds for 20 years, the band have (as yet) not released a record – surely, if one of them needs to change their name (and either Simco OR the charity will win a tradmark fight, and therefor ONE of them WILL have to change their name, then surely the obvious choice is for the group to do so – where’s the disruption to them? Any of the TV viewers will still vote for them, whatever the name, and if anything, the publicity will probably help THEM as much as people are claiming it is helping the charity?
The whole point of trademarking a name, is so nobody else can use it – I’m sure Simon Cowell wouldn’t accept another company using “Syco”, “Simco” or any of his other trademarks without taking action, so why should the charity accept it from him?
I’m NOT a fan of the show – and I’m NOT an employee or beneficiary of the charity – like most people, until this, I’d never HEARD of the charity – but until the show started, nobody had heard of the band either, had they?
As the charity said above, good luck to the girls, and anyway, if they’re good enough (I haven’t seen the show this series), then they’ll be successful -WHATEVER name they perform under.