Humboldt County’s annual Memorial Day event, known by locals as the Kinetic Sculpture Race, has been fraught with problems over the years, mostly revolving around the fact that the race itself has never had any built-in monetization. When he was alive “Glorious Founder” Hobart Brown spent a lot of time fundraising and ended up in some tangled business deals in order to keep the race going.
When he died he left behind a somewhat messy estate (see “Hobart’s Children” Jan. 2009). Now his son, Justin Hobart Brown, is asserting his ownership of the name of the race and associated trademarks, including the oft-repeated phrase “For the Glory.” Earlier this week, he served papers on Kinetic Universe Queen Monica Topping (see below).
Here is the latest salvo in the war over who controls Kinetics, a press release sent to us this morning by Justin Hobart Brown with the ominous subject line, “Kinetic race cancelled?”
Update: We just received the official response from Kinetic Universe. It follws the letter from Justin Brown.
Kinetic race may be cancelled due to lack of contract.
The Kinetic Sculpture Race owner Justin Hobart Brown is asking the community to assist him in ensuring the 43rd annual 3 day cross country race will go on. This last minute plea is after receiving a refusal from the Non Profit, Kinetic Universe to sign a new contract to organize and run the event.
The previous two-year contract expired in February of this year. Kinetic Universe — presided over by Rutabaga Queen and President Monica Topping — has rejected a contract for use of the trademarks that include the name Kinetic Sculpture Race, symbol the Kinetic Chicken, and the slogan “For the Glory”. In addition Mr. Brown wished to add to the new contract, his receipt of copies of all records involved in the organization of the race including financial records, the right to approve changes made to the rules and race itself, notification of Kinetic Universe board meetings involving the race and the sum of [$]19.69 and four 2011 race t-shirts.
Applications for the “Kinetic Grand Championship” have already been posted to the mailing list and include new changes to the rules which include “all children 18 years and under must carry proof of age with them at all times,” a result of age restrictions imposed by the new race organizers.
Justin Hobart Brown, heir to the race, disagrees with this policy, stating “My father never wanted to keep anyone from experiencing the Kinetic Race. I have been concerned about the direction the race has been going the last few years, and with the signing of a new contract looked forward to working with the Queens more closely to make sure my father’s creation maintained its family friendly feeling”
Justin goes on to say, “The Queens have said they will run the race anyway, without a licensing agreement or contract, and will make changes to the name and the Kinetic Chicken and not use “For the Glory”. They are asking me for proof of ownership and have said that the previous contract was quote ‘a symbolic gesture of goodwill, and the board doesn’t feel like that goodwill has come back to us,’ unquote.”
Racers or community sponsors should be aware Kinetic Universe has no contract to conduct business for the 2011 Kinetic Grand Championship at this time.
If enough volunteers come forward the race will go on as scheduled Memorial Weekend, May 28, 29 and 30th. Mr. Brown is in the process of seeking permits and insurance. The generous donation of [$]53.18 would be welcome to cover initial insurance costs. Additional support for permit fees and porta-potties would be greatly appreciated as well.
In the event that a contractual agreement is reached with Kinetic Universe before race day Mr. Brown promises all donations and volunteer information will be passed along for a seamless transition.
Justin would like to thank all of the volunteers who have worked to make the race happen in the past and hopes they will come and support his efforts to keep the 2011 Kinetic Sculpture Race from being cancelled. A volunteer sign up and information table will be on the Arcata Plaza during “Arts Arcata” Friday the 13th, 2011 from 6:00-9:00. Please help!
Justin Hobart Brown
And here’s the above-mentioned cease-and-desist order delived to Monica Topping:
Kinetic Universe May 5, 2011
Attn: Monica Topping, President
PO Box 5065
Arcata, CA 95518
Re: Kinetic Sculpture Race, Kinetic Chicken, For the Glory Trademarks
Name and likeness of Hobart Brown, Kinetic Sculpture Race Rules, Rutabaga Queen name and Contest Copyrights
Dear Monica:
It has been brought to our attention that your business, Kinetic Universe, has been using the trademarks Kinetic Sculpture Race, Kinetic Chicken, For the Glory and Copyrights of the Name and Likeness of Hobart Brown, Kinetic Sculpture Race Rules and Rutabaga Queen name and contest in association with the marketing or sale of your products & services. It is possible that you were unaware of this conflict, so we believe that it is in our mutual interest to bring this matter to your attention.
Kinetic Sculpture Race is a registered trademark (U.S. Reg. No. 3013113) Kinetic Chicken is a registered trademark (U.S. Reg. No.3078558) of our business, Humboldt Kinetic Association, in the classes of IC 041. US 100 101 107. G & S, for the following services: Arranging and conducting a race of people powered vehicles. The Hobart Brown name and likeness, Kinetic Sculpture Race Rules (copyright 1990 Hobart Brown) and Rutabaga Queen name and contest (copyright 1998 KSR Inc) now owned by the Hobart Brown Trust, Trustee Justin Hobart Brown. (copies enclosed).
Our federal registration of these trademarks and copyright provides us with certain proprietary rights. This includes the right to restrict the use of the trademarks, or confusingly similar trademarks, in association with confusingly similar products or services.
It is important that we exercise our right to protect our trademarks. It serves as an important and distinctive representation of the origin of our products as well as the goodwill of our company.
State and federal law (Federal Trademark Act 15 U.S.C 1125 et seq) supports our position that confusingly similar trademarks may cause confusion among customers. This confusion may cause substantial harm to the trademarks by facilitating the loss of its effectiveness in establishing a distinct association between it, our products & services, and our company’s goodwill.
Due to these concerns, and because unauthorized use of our federally registered trademarks amounts to an infringement of our trademark rights, we respectively request that you cease & desist in any further use of all above listed trademarks, copyrights and any confusingly similar representations thereof in association with the marketing, sale, distribution, or identification of your products, or services. To withdraw, cancel and/or delete any corporate names, domain names, trademark applications and/or trademark registrations for the above listed marks and copyrights.
Please respond by letter indicating your intention to cease & desist the use of and never in future to make use of the trademarks Kinetic Sculpture Race, Kinetic Chicken, For the Glory and the Copyrights of the Name and Likeness of Hobart Brown, Kinetic Sculpture Race Rules and Rutabaga Queen name and contest or any confusingly similar trademarks or copyrights without prior written authority from us whether within any corporate name, trading name, trading style, domain name or otherwise or return the enclosed contract with notarized signature authorizing use for the 2011 Kinetic Grand Championship by Tuesday May 10, 2011.
We hope that this issue may be resolved this way so we can avoid any further legal remedies as provided by state law and the U.S. Trademark Act.
Sincerely,
Justin Hobart Brown 2641 Union St Apt B Eureka, CA 95501
cc: Humboldt County Sheriff’s Dept CalTrans- 1656 Union St, Eureka
California Highway Patrol (Arcata) City of Arcata
California Dept of Forestry (Fortuna) City of Eureka
Bob Walsh, County Parks Division City of Ferndale
Roads Division- Dept of Public Works Arcata Ambulance
City Ambulance of Eureka North Coast Rail Authority
Kim Conrad, Northern Area Road Superintendent New Belgian Ale
Steve Finch, Southern Area Road Superintendent
City of Eureka Police and Fire Department
City of Arcata Police and Fire Department
USCG Group/ Air Station Humboldt Bay
Humboldt Bay Harbor Recreation and Conservation District
Manila Community Center
Ferndale Center for Community Services
Official response from Monica Topping, Queen of Kinetic Universe:
The Kinetic Grand Championship will go on this year!
No one owns the race. In 2007, while trademarked elements such as the name “Kinetic Sculpture Race,” the slogan “For the Glory” and the Kinetic Chicken logo were tied up in litigation, and the former organizers were not going to be able to put together that year’s race, the founding members of Kinetic Universe sat with the race’s Glorious Founder Hobart Brown, on his couch, and he gave us his blessing to put on the race, which would not otherwise have happened that year. The race was renamed the Kinetic Grand Championship, we had a new logo created and we chose, sadly, not to use the slogan “For the Glory,” lest we step on anyone’s toes.
It is true that the board of Kinetic Universe has had a licensing agreement with Justin Brown for the last two years, for use of the three trademarked elements. That contract, which we were more than happy to sign, gave Kinetic Universe the ability to use the elements in trade for four t-shirts and $19.69 each year, symbolic of the first year the race ran down Ferndale’s Main Street.
Kinetic Universe was prepared to sign that same licensing agreement for this year, then we received a new agreement that included elements that Brown does not own, including the name and contest for “Rutabaga Queen,” the rules, which have been adapted and changed many times over the years, and our organizational materials, which Kinetic Universe has created, from scratch, starting in 2007. Brown has neither the materials, nor the non-profit status to be able to organize the 2011 race with less than three weeks to go.
Kinetic Universe has made attempts to contact Justin Brown, and even contacted Humboldt Mediation Services earlier this week, in an attempt to come to some sort of agreement which would both appease Brown and allow Kinetic Universe to put its energy in this quickly shrinking time before the race toward finalizing the race, so that on Saturday of Memorial Day Weekend, when the noon siren blows, our racers will be able to jump into their machines and begin traversing the 42 miles throughout Humboldt County to the grand finish in Ferndale on Monday.
Thank you,
Monica Topping
Kinetic Universe
This article appears in The Book Issue.
I think it’s important to point out that the “papers” that Emma and I were served this weekend amounted to no more than a letter from Justin. Without a judge’s signature, it’s not a legal cease-and-desist letter.
Monica,
please let us know how we can help and keep us updated!!
It sure is sad that people put all the volunteer time, resources, and energy into fundraising and making the race safe, legal, and fun, and they get this unappreciative harassment from people who have sat by and watched them do all the work.
Shades of Reggae on the River VS Reggae Rising.
If any folks are interested in helping Kinetic Universe put on the Kinetic Grand Championship, please sign up under the Volunteers link at the left-hand side at our website, http://www.KineticGrandChampionship.com ! Thanks to all of our wonderful volunteers who help make this (dramatic) race happen each and every year!
Remember Monica said “nobody owns the race” in the future, if and when money becomes involved. I won’t get into reggae on the river, but how sad to see what very good people do when lots of money and control becomes involved…or in this case, even the potential for it.
Obviously there’s a mutual interest in some sort of declarative ownership, if not at least a concern. Justin’s staking his legitimate claim on people unpretentiously taking the reigns of a big event his father started. What’s so crazy about that? Like he said, why should Monica and Kinetic Grand Championship…already an intentional coup on nomenclature…literally take over the event right down to whatever they can get for free out of the event’s >>genuine founder and decades-long proprietor<<. There is something to be gained from the event, that Kinetic Universe sees worth participating themselves, except to also volunteer absolute direction of it. They argue that anybody could “own” the race in the same way, but see how they like the idea of a disinterested party using their trademarkes incongruent to their wishes.
Kinetic Universe is stealing The Brown’s intellectual property. Otherwise, by their own reasoning, it wouldn’t be an issue to acknowledge the namesake of all their subsequent activities. If money’s not the issue, then money’s not the issue…if it is, then especially give credit where it’s due. The rule book was Justin’s dad’s diary, not theirs’…Justin’s father started the event and kept it going for decades, not any of them. Genuine old town tradition.
Monica even states that it’s very important that she et al strictly adhere to refering to the event as the Kinetic Grand Championship, instead of the Kinetic Sculpture Race…
…as the DJ properly points out everybody calls it anyway….
She’s firmly states she’s introducing her own company, Kinetic Universe, as the proprietors of the “original” race…her own words. That’s fucked up of her. It’s Hobart Brown’s race, his family and his namesake are what everybody knows it as. And all he’s asking for is twenty bucks and four tshirts…however, if Kinetic Universe is going to start making real money, which they adamantly deny as an interest…
That’s where intelectual property rights lie, period…unlike Kinetic Universe, who are making the exact same declaration as Justin Brown under their proprietory ownership instead, yet playing the “it’s everybody’s race” card when defending their moves.
They should all shake hands and be friends. Kinetic Universe should sign the papers and be on with Hobart’s race, fairly. Nobody’s making any money off it, right? Neither side looks good with this kind of drama.
There’s more than just a little case of intellectual property theft against Monica Topping, and it’s way too late for her to do anything about it. Nobody in their right mind wouldn’t recognize her intentional use of identical nomenclature for her own trademarks or copyrights or etc. Wasn’t Monica the race queen? I might be wrong…but it would explain a little of it getting to her head in an ironic way…
Monica Topping, President of Kinetic Universe: Founders of the Original Kinetic Grand Championships in Humboldt County.
Dear Anonymous poster, above-
My lack of respect for your anonymity aside, if this was as easy as $19.69 and 4 t-shirts, it wouldn’t be an issue. There is a rather large and involved contract that is attached to the $19.69 and 4 t-shirts, where Justin claims to own elements that he, in fact, does not own, and by us signing said contract with him, that basically allows him to assume ownership over those elements.
For one, the rules, which Hobart certainly started, but because the race has changed organizational hands so many times over the years, new rules have been added by different people, including Kinetic Universe, starting in 2007. There is no clear owner of the rules.
Second, the title of Rutabaga Queen was not created by Hobart Brown (who we do not deny for a moment was the Glorious Founder of this event), which Justin admits to in the interview he did with KHUM’s Mike Dronkers on Wednesday. The original Rutabaga Queen was a fan of the race who showed up one year and declared herself Queen. Certainly Hobart fostered the Rutabaga Queen title, but to say that he owned (and Justin owns) the title that 30+ of us have held since the late ’70s is incorrect.
And as far as the title of the Kinetic Grand Championship is concerned, the “Kinetic Sculpture Race” name was tied up in the same litigation in 2007 that kept the prior organizers, Humboldt Kinetic Association, from putting on the race that year. It was with Hobart’s blessing that we created in short-order the non-profit that we have today (Kinetic Universe), and his understanding that we could not use the name, the Kinetic Chicken logo or the slogan “For the Glory,” which it turns out is likely ineligible for for copyright.
If you listen to the interview that Larry Trask did with McKinleyville attorney on Wednesday, you’ll understand what I’m saying.
Kinetic Universe’s purpose is to put on this event for the community to enjoy. It’s unfortunate that rather than come to the board (after we invited him to our board meetings) and have a discussion with us about what we found disagreeable in the licensing contract, he chose to go to our vendors and the media.
The race will go on. See you on the Arcata Plaza on Saturday morning of Memorial Day Weekend, May 28th.
“new rules have been added by different people, including Kinetic Universe, starting in 2007. “
…mm-hmm…three years and counting…
“There is no clear owner of the rules.”
…no clear owner…mm-hmm…
“It was with Hobart’s blessing that we created in short-order the non-profit that we have today (Kinetic Universe), and his understanding that we could not use the name, the Kinetic Chicken logo or the slogan “For the Glory,” which it turns out is likely ineligible for for copyright.”
…and here you say everything else that needs to be said. Do you really think it was within the belief of the agreement that you and your newfound Kinetic Universe would actually literally attempt to undermine the Kinetic Sculpture Race with your own Kinetic Grand Championship on the exact same day? Do you really think it’s in the spirit of good ol’ town neighborhood loyalty that there should have been a clause to include your potential virtual takeover of the event and its namesake…even to complain that the event’s original founders and proprietors didn’t come to your board regarding the job you got through them to discuss your contract with them?
You’re bullying in on the Kinetic Sculpture Race, s’all there is to it.
Who cares? It looks like the “bullies” are doing all the work. On with the “event.”
Monica claims its the 6th year being called KGC but the poster and website claim it to be the 43 annual….
Which is it? Is it a 6 year old race or a 43 year old race? Hobart felt he owned it when he was alive…
So what do you want Pit Crew? Why don’t you organize it next year. Call it whatever you want (ahem, unless it’s been trademarked, of course).
I’d pay the $20 and 4 t-shirts…
Good for you, Pit Crew. You can organize the event next year and give the kid whatever he wants.
Just keep reminding yourself, Buzz, who has to censor themselves when talking about the Kinetic Sculpture Race.
Only one small group of people has to be careful how they talk about the event, and for one simple reason…they’re literally stealing the show from the people who started the race and kept it going for decades. Kinetic Universe is a subsidiary of all things related to the original kinetic sculpture race. Kinetic Universe even stoops to say they propriate the “original” Kinetic Grand Championships…how trite yet obvious!
Booo, Monica, pull the crown out of your ass and get with it!
So if the “Kinetic Sculpture Race” owns the intellectual property, where was their/your event the last few years? Why don’t they/you put on the event, with proper planning not just some reactionary plea at the 11th hour? Why don’t they/you hire a real lawyer and actually “serve” papers. Their/your actions do not seem to be those of someone who wants to pursue this to the fullest extent.
The anti-Monica comments above seem strange to me; I think that if they/you like providing the community with a race that includes kinetic machines, you would find a way to make it happen, rather than asking for terms that are unfair and unreasonable and not making yourself available for negotiation, and then putting out a press release at the last minute. That does not seem like a good way to put on an event.
As for the KGC/KU being a bully, it appears to be that they are being defensive. KSR/JHB are worried about the family friendliness of the event. My take on it is that the KU is managing their risk and liability, which may have not been such an issue when Hobart Brown was around. Insurance companies and local governments are all about reducing risk and basically enforcing regulations and making sure it doesn’t come back to them if there is a problem, I don’t really see how asking for proof of age is not family friendly. If anything it is protecting the children more.
The thing about it being the 43rd or the 6th annual event could be cleared up easily enough.
“The thing about it being the 43rd or the 6th annual event could be cleared up easily enough.”
derrr…ya think? why’s that?
Kinetic Universe’s own website. Isn’t it supposed to be the Kinetic Sculpture Race’s website?
http://kineticgrandchampionship.com/about_the_race.php
…the group who literally stole the show, and say they did it for the sake of the community.
I think it’s amazing that people use words like “stole” when talking about this race. NO ONE has ever made money at this thing. Hobart didn’t, although it should have made him a millionaire. Being a amazing artist isn’t always enough, he was a bad business man. It’s really that simple. When the race wasn’t going to happen because of groups of people arguing over who had ownership of the sinking ship.. a few HUGE FANS of the race stepped up and made a new ship! <—- Can you think of a better way to honor Hobart than to save his race from missing a year? I can’t.
Now a bunch of people cry “foul” because the Kinetic Universe wants to KEEP the race going. I haven’t seen the KSR steamer pulling in to take over again. And really, Hobart would love it. Especially because he thought all the “queens” were great! How could he be against his race continuing?
The only thing Justin can do now is ruin it. But I don’t actually think he can even do that. So, here is my challenge to the indignant bunch who think it MUST be the KSR in order to be fun, or think Justin is heir to the Kinetic Throne just because his dad founded the race…. get started now! 2012’s Kinetic Sculpture Race ain’t gonna plan / fund / permit / organize and run a race all by itself!
I’m sure once the Kinetic Universe sees all your great posters and websites, they’ll let out a huge sigh of relief, fill out a racer application and go build a machine so they can push pedals instead of paper for the glorious race they love!
See you at the 43 annual “whatever we’re calling it now”. Crybabies be damned!
That’s right, Let’s shake hands, give hugs, Take good care of our Teddy Bears, have fun, and on with the race.
Thank’s for all you do…