K-1 Copyright

[epking1]

As some of you are aware I create posters and artwork for promotion of MA shows and KK events.

What I have noticed recently is that a lot of promoters are using the word/name “K-1” for some of the bouts that they are promoting.

The way I see “K-1” is that it is a Brand for fight promotion not a style of fighting or rules for fighting. The style and rules of the fighting is basically “a modified version of Thai/FC Kickboxing” but putting that wouldn’t look good on a poster.

So if it’s a brand “K-1” is trademarked and is going to be copyrighted and I have seen people in the UK work round this using UK-1, CK-1, AFK-1 and Oriental Rules K1 for example.


I am always cautious when promoters ask me to put K-1 on a poster due to copyright/trademark etc.

Whilst reading a lesser forum than K4L on a less stronger martial art It’s seems I was right and to use the word K-1 is highly illegal.

Please see below (taken from a moderator’s post of the pre mentioned forum)
“I was contacted by the UK K-1 office today regarding promoters using the K-1 name. I support K-1's need to protect their trademark. They have invested a lot over the years to build up that name and for other promotions to use it is simply not right.

Unfortunately, K-1 has also become synonymous with a set of rules, which are basically modified MT rules. I believe this is the most common reason for promoters using the name on posters or in threads about their promotion.”

Here is the official word from K-1...
"K-1 registered Trade Mark

K-1 is a registered Trade Mark No. E6568356 in the UK, persons or corporations using the trade mark without the permission of the owner FEG (Fighting Entertainment Group) using the terms K-1 Fights K-1 Fighters or K-1 Rules to promote Martial Arts events, gyms, individuals, associations, clothing or merchandize are infringing on our trade mark.

We are currently in contact with a UK law firm and will take legal action to protect our trade mark if necessary"

Here is the trademark record for K-1
http://www.ipo.gov.uk/t-find-number?detailsrequested=C&trademark=E6568356

Let me know your thoughts on this…

… Just off to trademark the alphabet and all the numbers from 0-9, then whenever anybody writes anything they have to pay me royalties!

[ksan]

I am not really big into trademark law, but from a legal perspective there is a difference between having a right and enforcing it.

Can you tell me if they have made a case against anyone yet on the basis of their trademark, in the UK or elsewhere in Europe?

[leenaloulou]

If anyone needs any advice on IP then have a look here http://www.own-it.org/

However what has been quoted says it all

"Here is the official word from K-1...
"K-1 registered Trade Mark

K-1 is a registered Trade Mark No. E6568356 in the UK, persons or corporations using the trade mark without the permission of the owner FEG (Fighting Entertainment Group) using the terms K-1 Fights K-1 Fighters or K-1 Rules to promote Martial Arts events, gyms, individuals, associations, clothing or merchandize are infringing on our trade mark.

We are currently in contact with a UK law firm and will take legal action to protect our trade mark if necessary"

Here is the trademark record for K-1
http://www.ipo.gov.uk/t-find-number?...emark=E6568356 "

They have the IP rights and they can enforce it because they will be able to show a body of work that proves their intellectual property plus it is a registered trademark!

K-1 is a fully registered trademark if you look closely at the logo on the site http://www.k-1.co.jp/en/index.php

you will see an "R" in an circle meaning that the registration process is complete "TM" generally means it is pending.

If K-1 can prove that they have suffered financial damages they have every right to sue. It is probably a new registered trade mark - so there wont be a case as yet doesnt mean that they wont. Thus explaining the sudden heavy handedness (because the registration is complete they now have a clean up job)

If you are a promoter - steer clear it is unprofessional to use it and you dont want to be on the recieving end of an IP court case on this - you'll lose and it will cost you money you probably dont have.

Be creative and find another way to promote your events a good graphic designer can help you with that. :)

[Hangtime]

I have no expertise with trademark laws etc, but could you put something to the effect of "K-1 Rules" on your posters to skirt the issue, or is that just as bad? Maybe somewhere on the bottom in fine print give K1 their just due and note the trademark?

Just a thought...


OSU!

[leenaloulou]

K-1 is a registered Trade Mark No. E6568356 in the UK, persons or corporations using the trade mark without the permission of the owner FEG (Fighting Entertainment Group) using the terms K-1 Fights K-1 Fighters or K-1 Rules to promote Martial Arts events, gyms, individuals, associations, clothing or merchandize are infringing on our trade mark.

We are currently in contact with a UK law firm and will take legal action to protect our trade mark if necessary"

Meaning if you want to use it at all you have to get a written note from them and probably pay them a commission (now there's a thought!)

It has nothing to do with being credited, they dont want or need credit.

It has everything to do with using the trademark to sell your own tickets as in making money out of their trademark which they have invested time and money from the start.

Also it dilutes their brand.

Just dont touch it find another way.

[epking1]

I have no expertise with trademark laws etc, but could you put something to the effect of "K-1 Rules" on your posters to skirt the issue, or is that just as bad? Maybe somewhere on the bottom in fine print give K1 their just due and note the trademark?

Just a thought...


OSU!

It says somewhere about using "K-1 rules" to promote your event is not allowed either.

*********** you know your stuff!

Where is Okamido when you need him he will know all about it with his IKF background.


I just had bad business dealings with someone who used me to create his posters, then tried to use my artwork/logo again for anoter event without my permission. but that a whole diffrent copyright issue but there are so many loop holes in copyright & trademark law.

[Hangtime]

It says somewhere about using "K-1 rules" to promote your event is not allowed either.

Yea, I didn't see that. Nice catch Leena & EP

[Okamido]

Technically you should not use K-1 to market your fight promotion, or a specific fight on an event.

However the K-1 rules format of 3x3 minute rounds, Kicks and Boxing with a single Knee-Kick etc has been widely used by many now for quite some years now.


For specific bouts and Title matches, the big three sanctioning groups that I have always dealt with:

The I.K.F. International Kickboxing Federation, use the term 'M.T.R.' Kickboxing, ( Modified Thai Rules), for their K-1 style matches.

The I.S.K.A. International Sport Kickboxing Association, use the term 'O.R.' (Oriental rules ) for their K-1 style matches.

W.A.K.O.-Pro World Association of Kickboxing Associations, previously used the term 'Thai-Kickboxing' for their K-1 style matches. However they have recently started sanctioning / clearly stating K-1 titles as well as even having rankings for K-1 style fighters.

It will be interesting to see where W.A.K.O. go with this.

---

Got to add though, (and this does not help the situation), that my contacts in Europe generally refer to 'K-1' as 'Kickboxing', and 'Kickboxing' as 'K-1'.

Muaythai - being seen as slower paced, five rounds, extended clinch hold, and elbow strikes allowed.

K-1 Kickboxing - being accepted as faster paced, 3 rounds with an overtime round in the event of a draw, limited clinch with no elbow strikes being allowed.

As I openned, technically you should not use K-1 to market your fight promotion, or a specific fight on an event. It seems 'K-1' is actually widely used simply to describe the style of kickboxing. Especially between promoters and trainers/managers.

Osu!

[leenaloulou]

It says somewhere about using "K-1 rules" to promote your event is not allowed either.

*********** you know your stuff!

Where is Okamido when you need him he will know all about it with his IKF background.


I just had bad business dealings with someone who used me to create his posters, then tried to use my artwork/logo again for anoter event without my permission. but that a whole diffrent copyright issue but there are so many loop holes in copyright & trademark law.

Epking1 - Damn straight I know my stuff I'm planning on doing a "Bill Gates" and trademarking EVERYTHING I can on the internet and to do with music! Or I will attempt to trademark the internet - I can put you in touch with an IP lawyer if I still have her details or go to the own it seminars - it's free plus you get lots of free booze! I think you get reduced fees on IP lawyers too should someone take the P--- with you.

http://www.own-it.org/events/copyright-custom-and-collaboration-ip-know-how-for-visual-creators-a-two-module-event

http://www.own-it.org/events/rights-for-artists-an-introduction-to-copyright-moral-and-the-artist-s-resale-right

XC it's a tough you cant use it I know.

Make your own brand! XC - Xtreme Combat - I dunno - oh no that's an MMA thing - running out of options mate get in quick!

[sandman]

How about if you do a "Prince" move and call it "the sport formerly known as K-1?" :D Nope, I guess that's out too... Damn!

[Okamido]

Smiles, as he wipes his keyboard and monitor of tea!

Lol.

Osu!

[leenaloulou]

we need a special squiggle and all the fighters have to have "slave" written on their cheeks like some non-legal class action deal.

Some kind of creative commons thing that you can all use maybe.

Um - creative commons "K4L" rules blah blah. it's getting technical now I'm going back to listening to records and talking about them on Facebook.

[ksan]

K1 rules are a small adaptation to general kickboxing / thaiboxing rules... they cant claim that under their trademark... That would leave all kickboxing / thaiboxing dojo`s and events open to suit... Their brand might be trademarked but the "sports" they play isnt...

The fact that the K1 organisation has promoted their org so much that kickboxing or thaiboxing and K1 have become synonymous might work against them if they do file a suit (i wouldnt be surprised if this would happen)

I have had little trademark law, but what i know about it (this happend to a brand name we are all very familiar with here) is that when a name get spread out far and wide and is used by to many people for to many different reasons for to many diffenent things, a trade mark wont hold up anymore.

I am not saying that you can now all go make and sell K-1 tshirts and so on, or promote your tournament as THE K1 - (fill in country name here) Tournament then you might be in trouble, because this fall`s under the K1 trademark. But if you promote your Tournament as a kickboxing tournament and say that the rules are similar to K1 rules, then you are imho not infringing on the trademark, because K1 cant claim that, the system (Limited clinching, 3x3 minutes and so on) pre dates the excistence of their company. Same goes for a dojo if you say that you train kickboxing fighters to a system the same as the K1 rules system. It might be smart to make a note somewhere saying that you are not affiliated with the K1 company.

Then again if your a dojo operator and a student comes in who only wants to train in your dojo if you "claim" to train to the K1 system, he or she might probably not be worth your time and effort (also just my honest opinion) so why use the K1 name at all....

[leenaloulou]

I think what they have done is trademark the term ie the "K-1 rules" - though it is entirely possible to - Bikram did the same thing with yoga he cant trademark the postures but he can trademark their sequence and the fact that those poses are performed in a heated room essentially the format and hey presto he's millionaire several times over now. Les Mills has done exactly the same with his class formats in Body Training Systems.

And yes it would leave loads of promoters open to legal action that would be the point, best ask them yourself or take the risk!

So perhaps that is just a matter of time.

I would personally stay well clear the official word is a very heavy handed warning. They are clearly cleaning up the UK first then they will move it the Europe. I really wouldnt want to get involved in that mess.

[leenaloulou]

The way I understand it is this (based in the legal contracts that we send out for every project we take on)

The paying client owns the creative piece commissioned (eg print, website, even marketing ideas) but releases their own IP (logos and other content) for the duration of the project. Upon delivery and signing of a project release form all rights are then signed back to the client. (Though we have a clause that states we can use work for portfolio purposes)

This is the IP clause and Warranties clause takne from our latest win last week as an example - (standard stuff)

12. Intellectual Property Rights
12.1 The Client undertakes to secure all copyright and any other appropriate licences, clearance or consents where required for the content and materials to be incorporated into the Project web site by the Developer.

12.2 The Client grants to the Developer for the term of this Agreement and Project a non-exclusive, revocable, royalty-free licence to use its name, logos, trade marks or devices ("Intellectual Property") for the purposes of creating the Project web site.

12.3 The Developer grants the Client a non-exclusive licence to use the underlying code used to create the Project web site.

12.4 The Client shall not alter the coding of the Project web site or any other coding carried out as part of the Project with a view to creating a separate web site or licensing the Project web site to a third party without the prior written consent of the Developer.

12.5 The Client undertakes not to materially alter or diminish the design and function of the Project web site without the prior written consent of the Developer.

12.6 Neither party shall make any claim to the other party's content, materials or services during or after the expiry of this Agreement.

12.7 Neither party shall make any claim to the other party's trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement.

12.8 Neither party shall register or cause to be registered any company name materially similar to that of the other party.

12.9 Neither party shall register or cause to be registered any domain name materially similar to that of the other party except where the Client specifically requests that the Developer register domain names similar to that of the Client's on behalf of the Client in order to prevent their registration and use by third parties. In this case all reasonable fees and expenses incurred in registration of such domain names shall be payable by the Client as part of the Project cost. On payment of the Project fees and signing of the Project Release Form by the Client the Developer undertakes to transfer all registration details, include but not limited to technical and administrative details and title to the registered domain names to the Client.



13. Warranties
13.1 The Client confirms that to the best of their knowledge and belief that the content and materials supplied by the Client for the purposes of the Project are not blasphemous, defamatory or obscene and do not breach any applicable law or regulation.


I think on the whole a letter of agreement stating the schedule and that the use of K-1 is on the head of the client - and that the supplier as done their duty by advising in the best interests of the client should hold up.

[leenaloulou]

Further to this post above the following seminars are on in Brighton and London (UK) respectively if you want to clarify your knowledge of copyright

1. Copyright, custom and collaboration: IP know-how for visual creators (a two-module event)

http://www.own-it.org/events/copyright-custom-and-collaboration-ip-know-how-for-visual-creators-a-two-module-event

2. Rights for artists: An introduction to copyright, moral and the artist's resale right

http://www.own-it.org/events/rights-for-artists-an-introduction-to-copyright-moral-and-the-artist-s-resale-right

Both are compliments of the Own It Organisation and come highly recommended. (Free)