A local radio station has been slapped with a demand letter for breach of copyright and trademark rights that are related to the world record marathon runner, Eliud Kipchoge.
NRG Radio posted this on their Twitter account sometime back where they urged people to follow their Instagram account and when it reaches the 1 million mark, they would give Eliud Kipchoge their BMW i8 car.
And the #NRGi8Challenge is ON.. If we manage to get to 1 Million followers on Instagram by tomorrow morning at 9 am, this BEAUTIFUL baby, the BMW i8 will be delivered to @EliudKipchoge by @ericomondi_. Let's do this 💪🏽💪🏽. #KipchogeRadio pic.twitter.com/6paLkG2d9R
— NRG Radio (@NRGRadioKenya) October 16, 2019
Mr Donald Kipkorir, Managing Partner of KTK Advocates posted this demand letter on Twitter which detailed the breach of brand rights that relate to Eliud Kipchoge’s name.
Dear @NRGRadioKenya
Cc. @EliudKipchoge @WachiraLynne
Here, find our Demand Letter on behalf of Eliud Kipchoge … pic.twitter.com/i5Uteok7Qv
— Donald B Kipkorir (@DonaldBKipkorir) October 18, 2019
In the letter, they argue that NRG Radio held a press release indicating their intention to use their clients name (Eliud Kipchoge) on their various radio stations, Twitter handle and Instagram page and other digital platforms without his permission, authority or licence.
The letter also argued that NRG radio fraudulently informed their listeners and followers to follow them on their Instagram page so that they can give Mr Eliud Kipchoge a car. “Our client never asked for and doesn’t require any gifting of your car or any other car,” it says on the letter.
They demand that NRG Radio expunge his name, images and reference from all platforms, issue an apology of using his rights and misuse of his name and write a response that they have complied with this matter.
The letter says that NRG radio has two hours to comply with this and if they do not follow up, they are open to criminal liability. If they do the necessary action, they will discuss on a quantum payable for the “egregious violations” done to their client.
This move will be a trendsetter when it comes to handling of a famous person’s brand assets on social media.
