Sunday, February 18, 2007

Threats from the mighty "Indredible Shrinkng Show"

From Henry Edgar - January 05, 2007
MIDWAY FLASH ... MIDWAY FLASH ... Kenneth Feld versus John Ringling North II?
The Feld Organization is evidently monitoring late-breaking developments in a town called Hugo (in a state called Oklahoma!) -– which, as I've already predicted, could become the new Sarasota ... What is threatening to put Hugo on the map Big Time is the pending return to the sawdust of the House of Ringling ... What has piqued the Feld's interest is the name of Kelly Miller’s new owner — John Ringling North II ... With a Kelly-Miller opening slated for March 11, already, as reported to Showbiz David by North’s partner Jim Royal, they have received a letter from Kenneth Feld’s long-time executive vice president and chief counsel, Jerome Sowalsky, advising them, in Jim Royal’s words to "refrain from using North’s name in connection with Kelly Miler circus." The purpose? "To avoid future problems."

This communique left North dumbfounded. According to Royal, putting it in plain speak, "John replied that he found this baffling for he is and always has been, John Ringling North II" ... So what goes here? Is multi-millionaire Kenneth Feld actually afraid of serious competition form a small one ring tent show? Known for ferociously protecting his assets, does Feld fear a hidden agenda from the nephew of legendary circus mover and shaker John Ringling North? ... From this Ringling rattling, North & Royal stand to gain some national attention ... From this, too, Kenneth Feld may be driven to improve the quality of his shows ... And that’s a win-win for everybody.
Sarasota: Are you still laughing?

Jim Royal to Showbiz David: "He [John] wondered if the Feld Organization wanted him to change his name or adopt an alias." ... Evidently, Mr. North, at least for the moment, has opted out of a new name; a queer eye for the straight guy makeover; or the witness protection program ... The neophyte showman, who is apparently comfortable in his own skin (I just hate that phrase, don’t you?) has quite graciously invited Mr. Sowalsky, Mr. Feld and their respective families to "be his honored guests" at the Hugo opening.
Barney McDermott with a humble suggestion said... Kenneth should be reminded that when he was still wearing loud, plaid jackets and a perm in his hair the Ringling / North's were 98 years ahead of him. And as a reminder they did keep the RINGLING name because FELD BROTHERS CIRCUS wouldn't and couldn't sell a ticket. Mr. JRN II was not a principal in the GSOE so any "non-compete" clause doesn't apply to him. Here's a suggestion: like the pop star PRINCE did a few years ago: The very nice gentleman "formerly known as John Ringling North II proudly presents the Kelly-Miller Circus. The publicity would be priceless, JRN II could be on Larry King and Oprah. This could be a bigger feud than Rosie and Donald Trump.

Bud said... Sounds like excitements a brewing !
henry edgar said... in all fairness, I didn't write this -- this was written by the excellent circus writer David Hammarstrom, who has written some of the best books ever written about circuses, including a great biography of Johnny North. I forwarded it because I knew everyone would find it interesting. I have been expected something like this ever since the announcement but David Rawls is the one who did the work and seems to be very current in this situation.

J C Hall said... From the (Man on the spot) On this 2nd. day of Jan.07,I entered Hugo under the safety of darkness.Then the following day I drove by winter quarters of the Kelly Miller Circus and did not see Bobby Rawls, the show painters truck, anywhere in sight, The Feld's can sleep safe for another night;
B.E.Trumble said... Totally predictable response from the Feld legal team, and great publicity for the new Kelly-Miller. It's fun to play David vs Goliath in the press when you aren't actually spending big bucks on attorneys yet to fight. Feld has the case law. Classic example like Ray Kroc going after the original brothers who sold him McDonalds when they tried to open another restaurant with their name. Coca-Cola going after Walter Taylor after they bought the Taylor Wine Company. Walter's winery was actually named Bully Hill, but a judge found that even putting his own name on the bottles violated the Taylor family sale of the Taylor brand. Of course the present John R. North wasn't involved with the sale of the circus to Feld. What Feld Entertainment lawyers are doing in striking early is avoiding any look at the weakness in their claim. The weaknesses are there. Feld has allowed numerous competing circuses to include "Bailey" in the title without taking action. Mr Davenport uses Bailey (Barnes & Bailey) now. Moreover Feld sold Ringling, then bought it back, so ownership of the title doesn't stretch back in an unbroken line to John Ringling North. Should it end up in the courts, it would be costly for parties and you can't absolutely predict how higher courts might rule given the selective nature of any suit. Both parties would certain want to appeal a lower court verdict if they lost.

Ole Whitey said... Isn't this somewhat like the Charles Sparks name business? The corporation owned the title "Sparks Circus" but he still owned his own name, so he could legally advertise "Charles Sparks presents Downie Bros Circus."

11 comments:

Buckles said...

With all the bum reviews coming in Mr. North might be wise to stick with the Kelly-Miller title.
Too much heat left in town, "Ringling" is burning up the territory.

Anonymous said...

We have just got to be sure every feather, bead, sequin, bugle, in circus of by gone days is used by Kelly Miller. So much wardrobe you can't see the performer in Spec and Blowoff. Keep those bodys toned and working as only a circus performer can. Keep those animals polished to perfection. Give from the heart and soul as only a circus performer can. And especially have a live band. We are all counting on you and will advise when you need it from what we had in the past. Free of charge of course. GO KELLY MILLER CIRCUS!!!!!

Anonymous said...

Perhaps when the fans gather in Hershey this year and Mr. Woodcock is in close proximity to all those Feld execs who will be in town, a question could be raised as to just why Master Kenny and Mistress Nicole are so damned thin-skinned about this thang.

Buckles said...

Since the shows are on such a tight budget these days and if I were granted an audience with either K or N, I would be too busy trying to book a few flat stores to his concession operation.
Maybe nuts, broads or even a mitt camp.
Couldn't be any worse than what they already inflict on an unsuspecting public.

Anonymous said...

first, we might consider pooling our funds to donate a bulletproof suit to buckles before he attempts to pass the first-of-may promoters on his way to say hello to ken and nicole

Anonymous said...

Not that Mr. North needs any donations, but here's a suggestion: Mr. North could make copies of the FELD ENTERTAINMENT letter, autograph them and sell them to the fans at the convention for $50.00. Mr. North could be a special guest/extra added attraction at Hershey. He could also meet with the Hershey people and work up a special chocolate bar entitled JOHN RINGLING NORTH'S GREATEST CHOCOLATE ON EARTH, to add to the heat. Note to the Feld pimps, please address all correspondence to HERSHEY LEGAL DEPT., HERSHEY, PA.

Anonymous said...

If I was Mr. North's legal team,I would follow Mr.Price's advice and do the work in building their case with the Charles Sparks example. Ringling held title to Sparks Circus,but couldn't keep him from using his name. I am sure there is some of this legal material somewhere that would make this a easy matter for the courts. Or maybe send K&N an old Downie Bros courier with Chas Spark photo on it. Save alot of billable hours....
P.J.Holmes

Anonymous said...

Its those "BILLABLE HOURS" that get you. Don't we have any retired lawyers on the blog willing to probono. There has got to be at least one fine lawyer if we really search. Maybe not. I would have one on my small dream circus.

Anonymous said...

Yea, this is when old Frank Ball of Alexandria, VA is really missed! Sure helped out enough show owners and folks over the years.

Anonymous said...

Just a suggestion, How about changing the name to Felds Follies, I don't think that name is beng used.

Bob Cline said...

I see in George Hubler's notes this morning that Frank Murray and his two elephants will start the Kelly-Miller season instead of Neena, Viola, and Libby from the Carson and Barnes herd that have been leased for the last several years.
Bob