What's New January 20, 2014

Kiss Melbourne ramp up legal action

With the launch of KIIS in Sydney today, Melbourne dance station Kiss FM has said that they will not be giving up the brand that they have operated as for 20 years.

Kiss FM has accused ARN of "damaging" and "diluting" the "proud heritage of the Kiss FM brand….by unauthorised use of the Kiss FM brand….as a mainstream, commercial station"

Whilst ARN has negotiated with Kiss FM, the Melbourne narrowcast brand has accused them of treating KISS Melbourne with contempt, saying ARN has acted "as if it is their god given commercial right to use the name and force Kiss to accept it".

Kiss FM have sought a resolution with an application to the Federal Court to stop ARN using the name. You can see their full statement below.

Kiss FM Dance Music Australia has been “Kiss FM” for 20 years in Australia. It is well known and loved throughout Australia as a dance music radio station emanating from Melbourne. It is both as an FM radio station and on line station championing Australian Dance Music throughout Australia and the world.

The proud heritage of the “Kiss FM” brand is now being seriously damaged and diluted by Australian Radio Network by their unauthorised use of the Kiss FM brand via their rebranding of Mix FM in Sydney as Kiis FM and their positioning it as a main stream, commercial station, featuring the extremely main stream and commercial identities Jackie O and Kyle Sandilands, the complete antithesis of everything that Kiss FM Dance Music Australia has stood for.

This unauthorised use of the Kiss FM brand by ARN is a blatant violation of Kiss Fm’s common law rights in its Kiss FM Brand. Once pending Kiss FM’s trade mark applications proceed to registration (which were filed prior to ARN’s applications), ARN will also be infringing Kiss FM’s registered trade mark rights in the Kiss FM name.

Kiss FM Dance Music Australia has understandably acted to defend its name and heritage by issuing cease and desist notices on The Australian Radio Network.

Kiss FM considers that ARN’s response has been one of contempt and proactive bullying attempting to force Kiss to effectively surrender its name.

Though some negotiations have taken place ARN acts as if it is their God given commercial right to use the name and to force Kiss to accept it.

Kiss FM Dance Music Australia is determined to protect its name and rights and will do whatever it takes to do this as long as ARN tries to effectively steal the name and significantly infringe Kiss FM’s widespread and established intellectual property rights in the name Kiss FM.

As negotiations with ARN have lead nowhere Kiss FM will be seeking a resolution with an application to the Federal Court to stop ARN’s dishonest actions.