Justin Brown, son of the late Hobart Brown, just issued a press release announcing that this year’s Kinetic Sculpture Race — scheduled for Memorial Day Weekend, week after next — “may be cancelled.”
This is dubious. What’s involved here is a brand-new contractual dispute between Brown’s heir and the association of former Rutabaga Queens who now run the race, which, for legal reasons, is now officially known as the “Kinetic Grand Championship.” Brown is asserting that the Queens are using trademarks he owns to promote their own version of the race, which he apparently he believes he can unilaterally cancel. He also believes he can organize his own version of the race in time for Memorial Day weekend.
Both are doubtful in the extreme.
We are told the Queens will have an official response soon, but for now, Brown’s press release follows:
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 it’s 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!
For more information please contact:
Justin Hobart Brown