'Kiss Off ARN' - the battle for the name is on

vs


A battle has begun for the rights over the name KIIS/KISS in Australia.

Kiss FM in Melbourne say they are ready to fight for the name they've had since 2005.

Station Manager Tim Byrne told news.com.au ARN's recent move was "immoral" and "reprehensible" and accused the network of "acting like bullies and they're trying to steal our name."

Kiss FM sent a cease and desist letter on December 9 with the station now starting an online petition to help their case. They are also looking for funds to fight ARN in court.

At this stage ARN say the KIIS brand is only going to be used in Sydney but, as we reported a month ago, ARN have registered a bunch of domain names in Australia under the Kiss or Kiis brand. This move was probably to cover them off, just in case there was a desire to move the brand into other markets in the future. But as we outlined, this did include KIIS1011.com.au (Mix) and KIIS1043.com.au (Gold) in Melbourne.

Bec Brown, who is ARN's PR rep said, "As a Sydney brand, with a completely different music format and audience to Kiss FM's dance station, we're clearly not looking to compete with this community station. We've been in discussions with Kiss FM on all of this and those discussions are continuing."

Kiss FM's Tim Byrne described the fight against ARN as "David and Goliath... a bit like The Castle".

The Melbourne station have lodged a claim to trademark its name on November 12 and KIIS 1065 lodged a claim on November 25.

See the full statement that has been published on the Kiss FM website.

 

Kiss Off ARN [Australian Radio Network]! NOT IN OUR NAME!

Kiss FM Dance Music Australia is an independent radio station, something that is unique in Australia’s concentrated corporate media landscape.

Now after trading as Kiss FM for more than eight years, the Australian Radio Network (ARN) with parent U.S. company ClearChannel (the largest radio station conglomerate in America) is planning on launching its own Kiss radio station in Australia (Kiis). ARN have decided our Kiss name suits their rebranding strategy of Sydney’ Mix FM. Should ARN go ahead with its plans, this will significantly dilute the goodwill and reputation of our much-loved Kiss brand in Australia which we have carefully built up over the past 8 years.

Unperturbed by the fact Kiss FM Dance Music Australia has carved out a national and international reputation as Australia’s premier dance music radio station, ARN has chosen to ignore Kiss FM’s common law rights and pending trade mark application (which we have clearly notified them of) forcing us to engage in a legal fight to protect our brand.

In a David and Goliath battle or scenario akin to “the vibe” in the iconic Australian film The Castle, Kiss FM Dance Music Australia is being forced to defend its rights to exclusively use on an unrestricted basis its Kiss FM name in Australia. Through its local lawyers Studio Legal and with advice from some top tier firms and specialist IP firms (all who have been working on a pro-bono basis), Kiss FM has developed a clear strategy to protect its rights however unfortunately currently lacks the funds to implement this strategy.

Obviously ARN has many more resources and finances than Kiss FM to engage in a legal battle regarding use of the Kiss name in Australia and as such, Kiss FM is now looking for funds to fight ARN through the courts.

About KISS FM Dance Music Australia :-

  • Kiss FM Dance Music Australia is Australia’s premier dance music radio station.
     
  • Since 2005 it has broadcast to Australia and the world via FM radio, satellite and the internet.
     
  • It has supported and promoted Australia’s DJs and dance music producers helping shape their careers by giving them a platform to have their music heard.
     
  • It has held 5 hugely successful 15,000+ fundraising events for the station – KISS MY GRASS.
     
  • KISS FM is also the exclusive Australian home to many International Radio Shows. For instance Armin Van Buurens A State of Trance airs every Tuesday at 2pm on KISS FM – Armin has over 7 million social media followers.
     
  • Over the past 18 months 3 of KISS FM’s breakfast show hosts have been poached by commercial networks namely DMG and Southern Cross Austereo.
     
  • In 2012 KISS FM secured Federal Government Grant – ‘Generate’ to rebrand KISS FM as KISS FM – DANCE MUSIC AUSTRALIA.
     
  • In late 2012 KISS FM became the first Australian Radio to be nominated for best show at the International Radio Festival.

 

If you support fairness and are opposed to corporate bullying help us to send a clear message to ARN. Please sign the petition, leave a statement on Facebook, donate and/or contact us to let us know how you might be able to support the station.

 

Kiss Off ARN

Published on Wednesday, 18 December 2013 16:01



Gadget(18:34pm 18 Dec 2013)
Man, if I was a lawyer I'd be putting my hand up for a no-win, no-fee case! The smallest legal challenge will see ARN settling out of court. Kiss FM is a national on-line dance radio station that has an audience across Australia. It doesn't matter if the name is spelt Kiss or Kiis - they're both pronounced 'Kiss' on air. Timmy should get an injunction - ARN would pay him out rather than risk their launch….
Tom(18:36pm 18 Dec 2013)
Oh dear ... This has started well.
Bob(18:58pm 18 Dec 2013)
Gadget, Clear Channel has operated the Kiss/Kiis brand for years. Did they consult Clear Channel when they took the name Kiss? I'm thinking 'no'...
PJC(20:16pm 18 Dec 2013)
@ Bob.. I'm pretty sure Clear Channel only owns that brand in Nth America. There are stations called Kiss FM all over the world.. not all of them come from Clear Channel.

The issue here is that Kiss in Melbourne was on air a long time before ARN wanted to crash the party. ARN might be saying that KIIS will be in Sydney only but if the new name is a success, you can guarantee it will be used in Melbourne by 2015. That is the problem.
Brendan(21:20pm 18 Dec 2013)
For the record: Kiss FM is not a community broadcaster, they are a narrow caster and do not hold a Community Broadcasting Licence.
It's basically a business which broadcast radio.
I wish them luck with this though, they aren't a bad station to listen to
Legal(21:39pm 18 Dec 2013)
To the first comment, this is a trademark/IP matter; the dynamics of this part of the legal business to lend themselves to the conditional fee agreement concept.

Kiss FM would be best served making a claim for a costs indemnity against ARN, that's the first thing a 'David' in a David and Goliath battle would be advised of.

Remember that 2CBA 103.2 Sydney only operates and is known in Sydney, yet it tried to use the 'Heart' name and had to backpeddle after MRRW became aware, so the 'it's not in their market' claim by the ARN PR rep is a waste of time.

Recently, a Manly hospitality venue had to alter its name after settling with a Cairns venue.

The interesting and baffling aside to the Kiss use saga is why the Lithgow commercial licensee gave up its use of Kiss. Not to mention their loss of a relatively clear channel freq when they had to make way for the second auctioned Sydney FM licence (95.3)
troy(22:24pm 18 Dec 2013)
Unless ARN changes Mix Melb to Kiss, whats the big deal, there's plenty of stations with the same name but different owners? Think Mix Darwin/Mix Perth vs Mix Syd and Melb
Hot FM Sunshine coast vs about 20 other HOT FM's
I'm sure there's others?
Neil busacca(2:28am 19 Dec 2013)
Its pretty obvious that arn intend to rename their melbourne mix fm, kiss fm too in the near future.

I wonder how happy arn would be if the kiss crowd registered trademarks very similar to all the other arn brands in other states.

The arn crowd seem to court controversy so maybe this is a marketing exercise?

Nobody seems to have mentioned that by use of a name like kiss fm you have implied trademark rights even without registering the trademark.
Angus Moody(9:37am 19 Dec 2013)
Having spent a fortune to get two overrated announcers and a total revamp of its station including a name change that nobody can relate to, its obivious that is going to end up in tears for the Australian Radio Network.

If the ARN want to improve their image, then they should have a close look at their Adelaide strategies which do appear to be working.
Aussiecam58(9:03am 27 Dec 2013)
See how KIIS is shown. Stare hard enough is says Kyls (KILS) lol

 Post Anonymously 

   I am a real live breathing human person

Capital Radio Network has a vacancy for a General Manager in Perth..Details.

 

 

RCS are looking for a Radio Automation Support Person.Details.

 

 

C91.3 FM has a vacancy for a Sales Manager.Details.

 

 

91.9 Sea FM are looking for a Music Director / Morning Announcer.Details.

 

 

 

Crocmedia are looking to appoint a NSW Commercial Manager based in Sydney.Details.

 

.

C91.3 FM has a vacancy for a Sales Executive. Details.

 

 

 

Grant Broadcasters are looking for Sales Staff in Cairns  Details.

 

Omny has a vacancy for an Operations Manager based in Melbourne Details.

 

 

 

 

 

ARN has a vacancy for a Senior Account Manager based in Melbourne. Details.

 

 

Recent Comments

Rachel McLarnon is now Music Director & Morning Announcer at NX FM in Newcastle.

 

Troy ‘Chooky’ Deighton heads up a new department for Grant Broadcasters as their Digital and New Media Manage

Helen Nash has been appoitned new Non-Executive Director to the SCA board.

Jonathan Brown is joining Meshel & Tommy every Monday throughout the AFL season.

 

 

Steve Hirst is returning to Hot91 and Zinc96 as their new GM

 

Peter Maynard has resigned as General Manager for Nova 919 and FIVEaa in Adelaide

Sophie Hallwright joins Today’s hit network Shazam Top 20 as Executive Producer.

Cat Lynch is joining Amos Gill on breakfast for hit107.

 

2UE's Angela Catterns is the latest casualty of the merging of Macquarie Radio and Fairfax Radio

 
 

Alexandra Spurway is joining hit 104.1 2DayFM’s The Dan & Maz Show as the Senior Producer.
 

 

Most Read (Last 30 Days)

Adelaide Advertisers

1. Harvey Norman Harvey Norman Holdings Ltd
2. Coles Coles Group Ltd (Wesfarmers Ltd)
3. HQ Complex Newmarket Hotel
4. Puratap Puratap Pty Ltd
5. Foodland Metcash Trading Ltd

Brisbane Advertisers

1. National Tiles National Tiles Co Pty Ltd
2. Coles Coles Group Ltd (Wesfarmers Ltd)
3. Harvey Norman Harvey Norman Holdings Ltd
4. Radio, It's A Love Thing Campaign Commercial Radio Australia Ltd
5. Intergenerational Report Department Of The Treasury

Central Coast Advertisers

1. Domayne Harvey Norman Holdings Ltd
2. Harvey Norman Harvey Norman Holdings Ltd
3. Australian Red Cross Blood Service Australian Red Cross Society
4. Newcastle Permanent Home Loans Newcastle Permanent Building Society Ltd
5. Seaspray Valuations & Fine Jewellery Seaspray Valuations & Fine Jewellery Pty Ltd

Gold Coast Advertisers

1. Domayne Harvey Norman Holdings Ltd
2. Harvey Norman Harvey Norman Holdings Ltd
3. AB Paterson College AB Paterson College Ltd
4. Gold Coast Turf Club Gold Coast Turf Club Ltd
5. Kool Kids Early Learning Centres Kool Kids Early Learning Centres

Melbourne Advertisers

1. National Tiles National Tiles Co Pty Ltd
2. Harvey Norman Harvey Norman Holdings Ltd
3. Coles Coles Group Ltd (Wesfarmers Ltd)
4. Radio, It's A Love Thing Campaign Commercial Radio Australia Ltd
5. Digital Radio Plus Commercial Radio Australia Ltd

Newcastle Advertisers

1. Domayne Harvey Norman Holdings Ltd
2. Harvey Norman Harvey Norman Holdings Ltd
3. Finance Ezi Finance Ezi Pty Ltd
4. Schnitzel Boss Schnitzel Boss
5. Nobby Kitchens Nobby Kitchens

Perth Advertisers

1. Harvey Norman Harvey Norman Holdings Ltd
2. Coles Coles Group Ltd (Wesfarmers Ltd)
3. Radio, It's A Love Thing Campaign Commercial Radio Australia Ltd
4. Intergenerational Report Department Of The Treasury
5. Wicked: The Untold Story Of The Witches Of Oz The Gordon Frost Organisation Pty Ltd

Sydney Advertisers

1. Harvey Norman Harvey Norman Holdings Ltd
2. Coles Coles Group Ltd (Wesfarmers Ltd)
3. Intergenerational Report Department Of The Treasury
4. Bing Lee Bing Lee Electrics Pty Ltd
5. Radio, It's A Love Thing Campaign Commercial Radio Australia Ltd

Wollongong Ratings

1 I98 23.8 (28.5) WIN
2 Wave FM 16.0 (17.3) GRANT
  • 10+ share Mon-Sun, Survey 1/2014
  • IRIS Research

Wellington Ratings

1 NewstalkZB 15.3 (10.5) TRN
2 The Breeze 13.7 (14.6) Mediaworks
3 ZM 11.3 (12.4) TRN
4 The Sound 7.5 (7.1) Mediaworks
5 The Rock 7.4 (8.3) Mediaworks
6 The Edge 6.6 (8.3) Mediaworks
7 Coast 5.7 (4.6) TRN
  • 10+ share, Survey 1/2014

Warrnambool Ratings

1 Coast FM 37.7 - Ace
2 3YB 21.7 - Ace
3 triple j 7.3 - ABC
4 ABC Local Radio 4.0 - ABC
5 ABC Radio Nat. 2.5 - ABC
6 Classic FM 1.5 - ABC
  • 10+ share Mon-Sun, Survey 1/2015
  • Xtra Research

Sydney Ratings

1 2GB 13.0 (12.1) MRN
2ABC 7029.5(8.5)ABC
3KIIS 10658.7(8.6) ARN
4WSFM 7.9(8.9)ARN
5Nova 96.9 7.6(7.5)NE
6smoothfm 95.3 7.3(6.6)NE
7triple j6.5(6.5) ABC
  • 10+ share Mon-Sun, Survey 1/2015

Perth Ratings

1 Mix 94.5 14.9 (13.8) SCA
296FM11.5(10.2)ARN
3 Nova 93.711.4 (12.6) NE
4ABC72010.3(9.6)ABC
5triple j 9.0(11.0) ABC
6 6PR 8.4(7.3)Fairfax
792.9 6.4(8.2) SCA
  • 10+ share Mon-Sun, Survey 1/2015
  • 96FM now owned by ARN

Newcastle Ratings

1 KOFM 15.3 (15.3) SCA
2 ABC1233 11.9 (11.1) ABC
3NXFM 11.6(9.7) SCA
4New FM10.0(9.3)BOG
5 triple j 9.9 (10.8) ABC
6 2HD 9.8 (10.3) BOG
7 Classic FM 3.9 (4.7) ABC
  • 10+ Share Mon-Sun, Survey 3/2014

 

Melbourne Ratings

1 3AW 13.6 (12.8) Fairfax
2 ABC 774 10.7 (10.0) ABC
3 Fox FM 7.6 (8.5) SCA
4 Triple M 7.4 (6.8) SCA
5Nova 100 7.3(7.8)NE
6smoothfm 91.5 7.2(7.4)NE
7 KIIS 101.1 7.1 (6.3) ARN
  • 10+ share Mon-Sun, Survey 1/2015
  • Mix101.1 now KIIS 101.1 

Gold Coast Ratings

1 Gold FM 14.3 (15.0) SCA
2 Hot Tomato 14.1 (13.9) HT
3 Sea FM 9.5 (8.8) SCA
4 triple j 9.4 (7.6) ABC
5 ABC 91.7 FM 6.7 (6.6) ABC
6 ABC612 3.3 (4.2) ABC
7 ABC FM 2.9 (2.2) ABC
  • 10+ Share Mon-Sun, Survey 3/2014

 

Christchurch Ratings

1 Newstalk ZB 17.0 (16.1) TRN
2 More FM 10.7 (11.8) Mediaworks
3 The Breeze 10.2 (8.8) Mediaworks
4 The Rock 9.0 (10.3) Mediaworks
5 The Edge 6.9 (6.5) Mediaworks
6 The Sound 6.0 (6.4) Mediaworks
7 Classic Hits 5.7 (5.7) TRN
  • 10+ share, Survey 1/2014

Central Coast Ratings

1 Sea FM 17.7 (12.4) SCA
2 2GO FM 13.2 (17.5) SCA
3 Star 104.5 11.4 (14.3) NE
4 ABC 92.5 10.7 (9.9) ABC
5 2GB 9.8 (8.9) MRN
6 triple j 5.8 (5.2) ABC
7 WSFM 2.8 (0.7) ARN
  • 10+ overall share Mon-Sun, Survey 1/2012
  • Nielsen Media Research

Canberra Ratings

  104.7   (17.0) SCA
  Mix 106.3   (15.1) SCA
  ABC666   (17.4) ABC
  triple j   (8.1) ABC
  Classic FM   (9.9) ABC
  Radio National   (4.0) ABC
  2CC   (6.3) Capital
  2CA   (5.6) Capital
  • 10+ share Mon-Sun, Survey 1/2015

 

Brisbane Ratings

197.3FM14.6(12.3)ARN
2Nova 106.9 10.8(13.5)NE
3ABC61210.7(8.5) ABC
4triple j 9.4(9.0) ABC
5B105 9.3(9.7) SCA
6Triple M 8.7(8.8) SCA
7 4KQ 8.6 (7.1) ARN
  • 10+ share Mon-Sun, Survey 1/2015

Auckland Ratings

1 Newstalk ZB 13.4 (13.0) TRN
2 Coast  9.6 (8.1) TRN
3 The Edge 7.8 (6.0) Mediaworks
4 The Breeze 7.0 (6.5) Mediaworks
5 Classic Hits 6.7 (5.9) TRN
6 ZM 5.9 (5.6) TRN
7 Mai FM 5.2 (4.3) TRN
  • 10+ share, Survey 1/2014

Albury Ratings

1 Star FM 22.9* (22.7)** SCA
2 The River 20.7* (27.0)** SCA
3 2AY 16.6* (11.9)** ACE
4 ABC Local Radio 14.0* (11.2)** ABC
5 triple j 9.9* (4.2)** ABC
6 Radio National 2.2* (1.6)** ABC
  • 10+ share Mon-Sun, Survey 1/2014
  • * Xtra Research/ ** Nielsen 

Adelaide Ratings

1 Mix 102.3 13.8 (15.5) ARN
2ABC89112.5(10.0) ABC
3Nova 91.911.3(11.2)NE
4FIVEaa 10.4(11.4)NE
5Triple M 9.7(10.8)NE
6Cruise 13239.2(8.1)ARN
7triple j8.3(6.6) ABC
8hit1075.9(8.1) SCA
  • 10+ share Mon-Sun, Survey 1/2015 (GfK)
  • hit107 on-air Oct 2014, was SAFM
CompanyStock IDPriceChange
Southern Cross Media
SXL
1.05
0.96%
APN News & Media
APN
0.930
0.00%
Fairfax Media
FXJ
1.03
0.00%
Macquarie Radio
MRN
1.13
0.00%
Pacific Star Network
PNW
0.290
0.00%
Oceania Capital
OCP
1.25
0.00%
Ten Network
TEN
0.205
-2.38%
Seven West Media
SWM
1.34
-0.37%
Seven Group Holdings
SVW
7.45
3.33%
Nine Entertainment
NEC
2.29
1.78%
Prime Media
PRT
0.850
-1.73%

 

 

Most Commented (All Time)