An Open Letter to Simon Cowell

Dear Simon

Rhythmix and the X Factor

On 23 September 2011 Simco (a company largely owned by you) lodged an application in Europe to trademark the name "Rhythmix" for use by the programme X Factor. At the time of lodging that application X Factor and Simco were fully aware that "Rhythmix" was an existing trademarked name of a music charity that works with vulnerable young people.

Rather than seeking any discussion with the Charity, considering any of the moral implications of their actions, or checking with the Charity whether the pursuit of an exclusive trademark might have a negative impact on the activities of the Charity, Simco and their legal representatives apparently sought a way to use the law to circumvent the trademark of the Charity.

We don't buy this media invention of you as Mr Nasty. Your wikipedia entry explains at length your involvement with children's charities, and we commend you for it. But equally we don't believe that you are unaware of the way your own company is acting. Or maybe your staff are trying to "manage" it for you?

By pursuing these trademarks Simco is forcing the Charity to take legal action to ensure it can continue to exist and offer opportunities to young people to create and perform their own music. Maybe those young people won't be on your programmes, or your record label, but the music they create is important to them.

Rhythmix the charity has worked with over 40,000 young people in the last twelve years. All of that work is placed at risk by the actions of your company. Every legal action the Charity has to take to protect itself from Simco is a project that won't happen. A project that could make a difference to a vulnerable young person. A large number of the public reading this will see it for exactly what it is; a ridiculously overblown storm in a tiny teacup. Simco are solely responsible for that situation and you can resolve it in a matter of seconds.

For that reason, Simon, we are personally asking you to sort this problem out in the quickest and simplest way:

Just change the name.

Thank you.

Mark Davyd
Chief Executive
Rhythmix