Celebrated marathoner Eliud Kipchoge is seeking an apology and damages from NRG Radio for using his name and image without permission.
Last Sunday, October 13, NRG Radio announced that it was changing its name to [Eliud] Kipchoge Radio for a week after Kipchoge successfully ran a full marathon in under two hours. The move, NRG said, was meant to celebrate the marathoner.
But now, Kipchoge, through his lawyer, Donald Kipkorir, says the radio station did not consult the marathoner before plastering his name and image on the broadcaster’s online platforms.
In a demand letter to NRG Radio dated Friday, October 18, Kipkorir says: “…you [NRG Radio] issued a press release indicating your said intention to appropriate our client’s name and images on your various radio stations Fun X Radio, NRG Radio and Choice Radio, your Twitter handle @NRGRadiokenya and Instagram page nrgradioke and related digital platforms.
“That without his permission, authority or license, or any colour of right, you changed the name of your station topline on your social media pages and online blogs to Kipchoge.Radio and [email protected]
“That without our client’s permission, authority or license, or any colour of right, you fraudulently informed your listeners and followers that by following you or your Instagram page, you will gift our client a car. Our client never asked for and doesn’t require any gifting of your car or any other car.
“That the use of our client’s name, image and reputation, was in total and blatant violations of his brand rights, privacy, copyright, and trademark. These rights can only be transferred with our client’s permission.”
Kipchoge, consequently, demanded that NRG Radio removes his name and images from its brand, issue an apology and present a written letter showing they have complied with the demands.
“On receipt of the above action and response, we shall enter into discussions on the quantum payable for the aforesaid egregious violations,” said Kipkorir.
The lawyer gave the broadcaster two hours to respond to Kipchoge’s demand letter, failure of which, Kipkorir said, they will institute legal action against NRG Radio.
A look at the radio station’s Instagram page on Friday evening showed it had changed its name to Mashujaa Radio from Kipchoge Radio.