Ken Block suing for use of "Gymkhana"

[OtakuTaikun]

http://www.autoblog.com/2012/08/21/ken-block-suing-former-co-producers-of-gymkhana-vids/

👎 this is just utter stupidity. Just because he's not mentioned too much in a sport he THINKS he made popular... lol i dunno just my two cents

 

[RACECAR]

http://www.autoblog.com/2012/08/21/ken-block-suing-former-co-producers-of-gymkhana-vids/

👎 this is just utter stupidity. Just because he's not mentioned too much in a sport he THINKS he made popular... lol i dunno just my two cents

I'm guessing you missed the part where Ken actually owns the trademark "Gymkhana". Its not about him "not mentioned too much in a sport he THINKS he made popular", its about someone using a trademark he owns without permission, therefore he is well within his right to sue.

Also, I think its time people stopped with the pathetic "he's so full of himself" comments towards Ken. He's nothing like many people make him out to be.

 

[theotherspongey]

That's just...stupid...

What the hell is the point in trademarking a freaking name of a sport?

I feel bad for the people getting sued.

 

[Ridox2JZGTE]

Did gymkhana originated from Japan ?

 

[RACECAR]

Did gymkhana originated from Japan ?

It actually originates from India.

 

[Schwartz]

It actually originates from India.

I see you learned how to use the Wikipedia Machine. Gymkhana doesn't originate from India, that's just the origin of the word per se.

 

[RACECAR]

I see you learned how to use the Wikipedia Machine. Gymkhana doesn't originate from India, that's just the origin of the word per se.

Was under the impression he was reffering to the word and not the Sport itself. Also, Didn't need Wiki for that actually.

 

[Ridox2JZGTE]

I was referring to the sport, I thought gymkhana was made popular in Japan years ago, long before it came to the west.

 

[Pupik]

Actually, if you own the trademark "xyz.com", you do not also own the rights to the word "xyz" in any sort of perpetuity just because you're supposedly good or bad at it. Create your own word from scratch, or incorporate yourself...basically, a trademarked name, if already a word in public lexicon, cannot be trademarked, unless some sort of original authorship, etymology is proven, or used as a phrase in such a way that it hasn't been used before. So I doubt this will go far in court as a standalone word...although I don't really think 99 out of 100 people know what this word means, so the "public" use of this word is a bit of an odd argument.

blah blah autocross with more blah blah y's and k's in it minus equus

 

[OtakuTaikun]

I understand he owns "gymkhana" but that in itself is so stupid. How can you own the name of a sport? It's like buying the right to the name football or mountainbiking.

 

[Ridox2JZGTE]

blah blah autocross with more blah blah y's and k's in it minus equus

I used to watch Hot Version videos, there's an episode with gymkhana drivers going head to head with drift drivers. The challenges that gymkhana drivers do are subtly different than the usual autocross. They have 2 cars going around a giant cone in synchronized movement for several time, one was RX7, the other is Lancer Evo, then they proceed to go around a set of small track layout with cones, before doing some reversal, 180 turn, some drifting as well then some more fancy zig zag. It's more like a ballet of cars, which I think took a lot more skill than autocross.

 

[prisonermonkeys]

Actually, if you own the trademark "xyz.com", you do not also own the rights to the word "xyz" in any sort of perpetuity just because you're supposedly good or bad at it.

I think that Block's case is that he created this incarnation of gymkhana, and that his former partners are using his popularity to profit off an related, but unoffiliated, venture.

 

[Wilbur]

I'm guessing you missed the part where Ken actually owns the trademark "Gymkhana". Its not about him "not mentioned too much in a sport he THINKS he made popular", its about someone using a trademark he owns without permission, therefore he is well within his right to sue.

Also, I think its time people stopped with the pathetic "he's so full of himself" comments towards Ken. He's nothing like many people make him out to be.

But explain why the site has been up for a year or so now and nothing has been done? I understand the word itself is trademarked but I'm not sure what Ken truely wants? I'm guessing either rights to the site or Mad Media to pay him for trademark.

 

[prisonermonkeys]

But explain why the site has been up for a year or so now and nothing has been done?

The article makes it pretty clear that Block was unaware of its existence until now.

 

[Ridox2JZGTE]

In Japan they have All Japan Gymkhana championship and official organizing body under JAFA and FIA rules. So does this mean Block can sue them as well if they breach certain conditions ? Did FIA have to pay to use the name ?

 

[prisonermonkeys]

So does this mean Block can sue them as well if they breach certain conditions ?

Only if they're profiting commercially off it without his permission.

 

[Kent]

Hate to say it but ken is wrong. Back when the net first hit big we saw a ton of this, people buying domain names before a company of the same name thought to do it... Often it ended with the company buying the name from the person.

Not sure how it works these days though.

 

[Wilbur]

The article makes it pretty clear that Block was unaware of its existence until now.

I find that pretty hard to believe because I don't even follow that stuff much and knew about assuming it was Block's. He has how many friends and none of them asked him about it?

Honestly I think the site is starting to grow with traffic and he wants some of that money. I am NOT calling him out about it since considering he trademarked the word and worked with the company.

Mad Media seems to be an all around pretty good company and have produced alot better stuff than what Block had a part in.

 

[prisonermonkeys]

Back when the net first hit big we saw a ton of this, people buying domain names before a company of the same name thought to do it.

But that's not the issue here. Block is suing because his former partners are profiting from his intellectual property. By creating the website gymkhana.com and using it to promote people driving the same way Block does in his videos, they are implying a connection to Block. Therefore, people who visit the website might be under the impression that they are visting something affliliated with Block, or that he has approved or endorses the website. But since this is untrue, Block's former partners are effectively profiting off his image, because if the sute was called, say, khanagym.com, it may not be as successful as it is now.

 

[Nessy]

Utter Ridiculousness!... Oops, better be careful, (Dyrdek may sue for the use of the word... then again, he doesn't appear to be a douche like Block).

Seriously, i don't get it... Block hasn't invented or created the term/word/meaning of Gymkhana.
Gymkhana.com also have a disclaimer on the site that disassociates anything to do with Block...

I really can't see how they're profiting off his image.. profiting off the sport? yes maybe, but not his image.

I really hope Block doesn't win this case.. but because he's got money coming out of his bottom, he probably will (best legal team etc).

 

[prisonermonkeys]

Some diclaimer - it's right at the bottom of the page, and for all we know, it was added the minute they learned Block intended to sue them.

 

[Nessy]

Some diclaimer - it's right at the bottom of the page, and for all we know, it was added the minute they learned Block intended to sue them.

A disclaimer is a disclaimer... Doesn't matter where it is, it's visible and on the front page.
And yeah, we don't know whether it was added before or after, so i'd say it would be unwise to presume either way, i'm just saying it's there now. (not saying you're presuming it was added later.. just making the point).

 

[RACECAR]

Utter Ridiculousness!... Oops, better be careful, (Dyrdek may sue for the use of the word... then again, he doesn't appear to be a douche like Block).

Again with the Unfounded "Douche" comments and all because of a word he owns the trademark to. Some judge of characther you are.

No he didn't invent the sport of Gymkhana, what he invented however is a video series with that trademarked name. What no one seems to understand is Ken isn't just suing somebody, he's after the guys that helped him with Gymkhana(who are very likely more then aware he owns the Trademark for that name when they worked for him) because they likely went behind his back and created this site (which as far as I can tell, does not at all promote the sport, only other motorsports) without any sort of permission.

Also, I have yet to see someone explain whats wrong about owning that trademarked name.

 

[W3H5]

I feel sorry for the people that have been riding horses for the last few centuries...

EDIT: And I'm pretty sure it was featured in GT games long before this guy was employing it as a money spinner...

 

[RACECAR]

Honestly I think the site is starting to grow with traffic and he wants some of that money. I am NOT calling him out about it since considering he trademarked the word and worked with the company.

Yeah because owning a shoe company, a rally team and producing videos with billions of views just doesn't quite cut it

 

[Nessy]

Again with the Unfounded "Douche" comments and all because of a word he owns the trademark to. Some judge of characther you are.

No he didn't invent the sport of Gymkhana, what he invented however is a video series with that trademarked name. What no one seems to understand is Ken isn't just suing somebody, he's after the guys that helped him with Gymkhana(who are very likely more then aware he owns the Trademark for that name when they worked for him) because they likely went behind his back and created this site (which as far as I can tell, does not at all promote the sport, only other motorsports) without any sort of permission.

Also, I have yet to see someone explain whats wrong about owning that trademarked name.

I think he's being a Douche... So what, Why do you care if i have that opinion of him?.
After-all, i don't really care that you've formed your unfounded opinion of me being a poor judge of character...

I could understand if the site was called "Ken Blocks Gymkhana", Or if the site was promoting their own apparel etc sporting the "Gymkhana (tm)" name, but the last time i looked, it was a website promoting Gymkhana and other motorsports... to which you quite rightly agree: "he didn't invent the sport of Gymkhana", so why would he try to stop a website using the word to describe the motorsport itself?

It's as if you're accusing Mad Media of somehow stealing the word Gymkhana from Block... but how can you steal a word that describes the motorsport in general?

As for him "inventing" a video series with that trademarked name?... fine, i don't see anybody out there copying his series with his trademarked name.. even though the concept itself is far from unique (have seen various Japanese vids with the the word Gymkhana, showing video footage of the actual motorsport of Gymkhana, years prior to me even having heard of the Block).

 

[Beeblebrox237]

Really? Really? It sounds to me like he only cares about his image, ego, and popularity. Whatever happened to doing something for fun? I mean, should a driver be allowed to trademark 'Drifting'? if not, then why Gymkhana?

Also, the wikipedia page on gymkhana doesn't mention Ken Block, should he sue them too?

 

[RACECAR]

I think he's being a Douche... So what, Why do you care if i have that opinion of him?.
After-all, i don't really care that you've formed your unfounded opinion of me being a poor judge of character...

Maybe because I've actually talked to the guy and therefore find "Douchebag" to be again unfounded. Point noted that I don't know you personally, but basing that opinion purely off this and nothing else leaves me the impression that you don't judge people well. In short, I question how you (and many others) come to that assumption.

I could understand if the site was called "Ken Blocks Gymkhana", Or if the site was promoting their own apparel etc sporting the "Gymkhana (tm)" name, but the last time i looked, it was a website promoting Gymkhana and other motorsports... to which you quite rightly agree: "he didn't invent the sport of Gymkhana", so why would he try to stop a website using the word to describe the motorsport itself?

He's not stopping people from using the word, he's stopping these two from profiting off of it. There's a difference.

It's as if you're accusing Mad Media of somehow stealing the word Gymkhana from Block... but how can you steal a word that describes the motorsport in general?

From what I understand about copyrights and trademarks and what that article says, thats the puzzle I've managed to put together. I myself am not accusing them, but I'm stating thats what is going based on what I've gather from all this info.

As for him "inventing" a video series with that trademarked name?... fine, i don't see anybody out there copying his series with his trademarked name.. even though the concept itself is far from unique (have seen various Japanese vids with the the word Gymkhana, showing video footage of the actual motorsport of Gymkhana, years prior to me even having heard of the Block).

True enough, all he did was make the term more visible to the general public in his own format as opposed to solely just the enthusiasts and people in the know about it. I've even had to remind some of his more dumber fans (you know the "best driva EEVAAR!!!" ones) that he didn't invent it.

Really? Really? It sounds to me like he only cares about his image, ego, and popularity. Whatever happened to doing something for fun? I mean, should a driver be allowed to trademark 'Drifting'? if not, then why Gymkhana?

Also, the wikipedia page on gymkhana doesn't mention Ken Block, should he sue them too?

Well you sorta could trademark it. I've yet to see someone actually purchase a trademark to "Drifting" but its not exactly illegal. There's a Trucking Company which has trademarked "Yellow"(and has trucks ironically not even of the same color) and thats a name of a color. And again, its not about him allowing anyone else to so much as say it, he's taking action against people Profiting off it. I do think I see why he might be thinking this as I just discovered his "Gymkhana 5" video there. Maybe that is part of him trying to sue them.

 

[Nessy]

Maybe because I've actually talked to the guy and therefore find "Douchebag" to be again unfounded. Point noted that I don't know you personally, but basing that opinion purely off this and nothing else leaves me the impression that you don't judge people well. In short, I question how you (and many others) come to that assumption.

So, you've met and talked to the guy... Good for you! 👍 (i take it you're a fan), though that still doesn't change my opinion of him.

With regards to your opinion of my character judgement/opinion... cool, you're quite entitled to your opinion (though i'm sure you don't need me to tell you that).

He's not stopping people from using the word, he's stopping these two from profiting off of it. There's a difference.

So he's "allowing" people to use the term, but not allowing people to make a profit off it. Okay, fair enough, i understand that there is a difference, but unless Block owns the URL: "gymkhana.com", i don't see how it's any of his business how they turn their profit.... unless (of-course), Mad Media were affiliating themselves with Block and his "Gymkhana (tm)" branding.

From what I understand about copyrights and trademarks and what that article says, thats the puzzle I've managed to put together. I myself am not accusing them, but I'm stating thats what is going based on what I've gather from all this info.

Overall, it just appears to me, that Block is attempting to fully Monopolise off of the motorsport term known as "Gymkhana".... Sounds like one for the monopolies commission (in my opinion).

Do they have a monopolies commission in America?

 

[RACECAR]

So, you've met and talked to the guy... Good for you! 👍 (i take it you're a fan), though that still doesn't change my opinion of him.

With regards to your opinion of my character judgement/opinion... cool!, you're quite entitled to your opinion (though i'm sure you don't need me to tell you that).

Not sure if you interpreted that as me bragging but thats not what I was doing. I was stating that the whole "Douchebag" perception is in my opinion a huge misunderstanding based on meeting him (hence the "judge of characther" comment, which come to think about it may have been abit of a stretch). Of course you're entitled to your opinion, I just don't agree.

So he's "allowing" people to use the term, but not allowing people to make a profit off it. Okay, fair enough, i understand that there is a difference, but unless Block owns the URL: "gymkhana.com", i don't see how it's any of his business how they turn their profit.... unless (of-course), Mad Media were affiliating themselves with Block and his "Gymkhana (tm)" branding.

According to at least what I've read regarding this sort of issue, its frowned upon to make profit off of someone else's Trademark/design/copyright without their permission so (and this is only my theory) seeing his videos on their site AND the fact that the registered domain name is "Gymkhana.com" is what might also be part of this.

Overall, it just appears to me, that Block is attempting to fully Monopolise off the motorsport term known as "Gymkhana".... Sounds like one for the monopolies commission if you ask me.

Do they have a monopolies commission in America?

Not that I know of.

Edit: And I think I see even more incentive behind this course of action.

According to a Jalopnik interview with the stunt driver, Block learned of the site when a colleague was approached by its owners, Mad Media, who were hoping to sell advertising. Mad Media is the crew who produced a few of Block's early (and insanely popular) drifting videos, and the Ford Fiesta pilot says he was very surprised to find out that they owned the Gymkhana URL. When Block reached out to Josh Martelli of Mad Media, Block says he was basically told to go pound sand.

So indeed, it looks like profiting. Also, it appears Ken was actually trying to talk to them and they just flat out blew him off. Abit childish since he likely would've nice enough to just strike a deal with them if they actually listened.

After looking at the site, I kinda can't find anything regarding Gymkhana other then, surprise, Ken Block's Gymkhana video. Also, I can't help but laugh at the fact that they apparently can't spell ALMS