'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

Snow FM has a vacancy for a Music Director / Breakfast Announcer. Details.

 

 

 

 

 

 

 

Universal Music has a vacancy for a National Artist Relations Manager. Details.

 

 

 

 

 

 

 

Nova Entertainment has a vacancy for a Network Drive Audio Producer based in Sydney. Details.

 

 

SCA are looking for a Breakfast Announcer for Hot FM Cairns. Details.

 

 

 

i98FM has a vacancy for a Casual Journalist. Details.

 

 

 

6PR has a vacancy for an Assistant Producer for Drive.Details.

 

 

 

 

 

ARN has a vacancy for an Experienced Account Manager- Direct Sales based in Sydney. Details.

 

 

 

 
 

Southern Cross Austereo have a vacancy for a Breakfast Journalist at Sea FM & 2GO FM in Gosford. Details.

 

 

 

 

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

 

.

ARN are looking for a Creative Writer on a six month contract based in Perth. Details.

 

 

 

 

 

Grant Broadcasters are looking for a 'Talk & Information Personality' based in Launceston. Details.

 

 

 

SCA has a vacancy for a Breakfast Producer in regional W.A. Details.

 

 

 

 

 

 
 
 

Nova 106.9 is looking for Casual Announcers. Details.

 

 

 

 
 

ARN has a vacancy for a Junior Audio Producer based in Sydney. Details.

 

 

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

 

 

 

 

 

Geelong's K-ROCK and Bay FM are looking for a Promotions Guru. Details.

 

 

 

 

 

 

 
 
 
 

Recent Comments

Jamie Row has moved from Nova Brisbane to smoothfm Sydney as Operations Manager/Floater.

Joseph Groth is heading to the Sunshine Coast as the new Music Director & Mornings announcer of  91.9 Sea FM.

 

 

Scott McLaughlin  National Client Solutions Director for Southern Cross Austereo is leaving the company.  

Gavin Flanagan has been appointed the new GM of River 949 Ipswich.

 
 

River 949 GM David Greenwood is moving to the new role as GM of the Kix Radio Network (still with Grant Broadcasters)

 

Conrad Browne will finish as General Manager with JOY 94.9 in June.

 
 

Pete Davidson is the Capital Radio Network new Group PD.

James Perrin is the new PD for Grant Broadcasters 2EC/PowerFM Bega. 

 

 

Former Nova exec Wade Kingsley is joining SCA in a new national leadership role as Head of Ideas and Integration.

 

 
 
 

Steve Cairns has been appointed the new GM of Radio Tab

 
 
 

Nick Condon has left ARN to work with the South Australian Chamber of Commerce leading their digital department.


 

 

Most Read (Last 30 Days)

Adelaide 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. Puratap Puratap Pty Ltd
5. Vodafone Vodafone Pty 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. Gilmour's Comfort Shoes Gilmour's Pty Ltd

Central Coast Advertisers

1. Domayne Harvey Norman Holdings Ltd
2. Harvey Norman Harvey Norman Holdings Ltd
3. BJ Howes Metaland BJ Howes Pty Ltd
4. Never Let A Mate Walk Home Drunk Campaign Pedestrian Council Of Australia Ltd
5. Central Coast Holden Central Coast Holden

Gold Coast Advertisers

1. Domayne Harvey Norman Holdings Ltd
2. Harvey Norman Harvey Norman Holdings Ltd
3. Sanctuary Cove International Boat Show Mulpha Sanctuary Cove (Developments) Pty Ltd
4. Radio, It's A Love Thing Campaign Commercial Radio Australia Ltd
5. Coles Coles Group Ltd (Wesfarmers Ltd)

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. Sportsbet.com.au Sportsbet Pty Ltd

Newcastle Advertisers

1. Domayne Harvey Norman Holdings Ltd
2. Harvey Norman Harvey Norman Holdings Ltd
3. Climax Suspension Climax Suspension
4. Nobby Kitchens Nobby Kitchens
5. Dial Before You Dig Dial Before You Dig Services Ltd

Perth Advertisers

1. Coles Coles Group Ltd (Wesfarmers Ltd)
2. Harvey Norman Harvey Norman Holdings Ltd
3. Forty Winks Forty Winks Franchising Pty Ltd
4. Radio, It's A Love Thing Campaign Commercial Radio Australia Ltd
5. Sportsbet.com.au Sportsbet Pty Ltd

Sydney Advertisers

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

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 12.6 (13.0) MRN
2KIIS 1065 8.9(8.7) ARN
3 WSFM 8.2 (7.9) ARN
4ABC 7028.0(9.5)ABC
5Nova 96.9 7.6(7.6)NE
6smoothfm 95.3 7.4(7.3)NE
7triple j6.0(6.5) ABC
  • 10+ share Mon-Sun, Survey 2/2015

Perth Ratings

1 Mix 94.5 13.9 (14.9) SCA
296FM11.3(11.5)ARN
3 Nova 93.711.1 (11.4) NE
4ABC72010.7(10.3)ABC
5triple j 9.2(9.0) ABC
6 6PR 9.0(8.4)Fairfax
792.9 6.5(6.2) SCA
  • 10+ share Mon-Sun, Survey 2/2015
  • 96FM now owned by ARN

Newcastle Ratings

1 KOFM 1563 (15.3) SCA
2 ABC1233 13.6 (11.9) ABC
3NXFM 10.7(11.6) SCA
4 2HD 10.4 (9.8) BOG
5 Triple J 9.9 (9.9) ABC
6New FM8.5(10.0)BOG
7 Classic FM 4.0 (3.) ABC
  • 10+ Share Mon-Sun, Survey 1/2015

 

Melbourne Ratings

1 3AW 15.4 (13.6) Fairfax/MRN
2 ABC 774 10.4 (10.7) ABC
3 Triple M 7.4 (7.4) SCA
4 Fox FM 6.9 (7.6) SCA
5smoothfm 91.5 6.9 (7.2) NE
6 Gold 6.8 (6.9) ARN
7Nova 100 6.7(7.3)NE
8 KIIS 101.1 6.1 (7.1) ARN
  • 10+ share Mon-Sun, Survey 2/2015
  • Mix101.1 now KIIS 101.1 

Gold Coast Ratings

1 Hot Tomato 14.2 (14.1) HT
2 Gold FM 11.9 (14.3) SCA
3 Sea FM 9.6 (9.5) SCA
4 ABC 91.7FM 7.9 (6.7) ABC
5 triple j 7.8 (9.4) ABC
6 ABC612 5.2 (3.3) ABC
7 Radio National 2.5 (2.3) 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 18.5 (17.0) SCA
  Mix 106.3 11.6 (15.1) SCA
  ABC666 15.3 (17.4) ABC
  triple j 8.5 (8.1) ABC
  Classic FM 9.3 (9.9) ABC
  2CA 7.0 (5.6) Captial
  2CC 6.0 (6.3) Capital
  Radio National 3.0 (4.0) ABC
  • 10+ share Mon-Sun, Survey 1/2015

 

Brisbane Ratings

197.3FM14.3(14.6)ARN
2Nova 106.9 11.6(10.8)NE
3ABC61210.7(10.7) ABC
4triple j 8.9(9.4) ABC
5 4KQ 8.7 (8.6) ARN
6hit105.3 8.2(9.3) SCA
7Triple M 7.6(8.7) SCA
  • 10+ share Mon-Sun, Survey 2/2015
  • B105 now hit105.3

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 13.6 (13.8) ARN
2ABC89112.5(12.5) ABC
3Nova 91.912.0(11.3)NE
4FIVEaa 11.1(10.4)NE
5triple j 9.1 (8.3) ABC
6Triple M 8.4(9.7)NE
7Cruise 13238.3(9.2)ARN
8hit1076.0(5.9) SCA
  • 10+ share Mon-Sun, Survey 2/2015 (GfK)
  • hit107 on-air Oct 2014, was SAFM
CompanyStock IDPriceChange
Southern Cross Media
SXL
1.08
0.93%
APN News & Media
APN
0.835
-3.47%
Fairfax Media
FXJ
1.04
-0.24%
Macquarie Radio
MRN
1.13
0.00%
Pacific Star Network
PNW
0.310
0.00%
Oceania Capital
OCP
1.30
10.17%
Ten Network
TEN
0.225
0.00%
Seven West Media
SWM
1.25
2.66%
Nine Entertainment
NEC
2.16
0.70%
Prime Media
PRT
0.860
0.00%

 

 

 

Most Commented (All Time)