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Click to enlarge Ski Maker’s Idea for a Tribute Is Met With a Scolding Tongue
From: New York Times

Posted: February 1, 2009

The Faction Collective S.A., a ski manufacturer based in Switzerland, displayed new graphics on its big-mountain powder skis this week at the snow-sport industry’s biggest trade show here at the Mandalay Bay Convention Center. When placed side by side, the skis’ tips depict the painted face of the KISS front man GENE SIMMONS, his red tongue hanging.

Then GENE SIMMONS showed up.

"My friend said, ‘Oh my God, it’s Gene,’ and then he bolted — he just left," said Ross Janzen, who was manning the booth for the Faction Collective. "I turned around and it was Gene. People were standing three-deep around him. I was completely dumbfounded. He’s an imposing figure."

Especially imposing because Faction Collective had not received permission to use the trademarked image.

Last year, one of the company’s founders, Tony McWilliam, decided to pay homage to the music world with a new series of graphics — pointy guitars, tape decks. Simmons’s iconic face was put on their powder ski, Thirteen.

"GENE SIMMONS is a big inspiration to three generations now," McWilliam said. "He communicates to a lot of people.

"We knew there might be a risk, but we wanted to get some impact."

McWilliam said he tried to get a license to use the image but Simmons did not respond, so the company manufactured sample skis to display at the SnowSports Industry America trade show.

Faction took up about a dozen square feet, making it a blip on a convention floor occupied by more than 820 brands, 445 exhibitors and 3,479 booths. The four-day show, which ended Friday, drew 18,000 people — one of whom happened to be Simmons.

Surrounded by an entourage of barely clothed women, Simmons was there to promote a snowboard and ski accessory line called MoneyBag, a label he runs with Jason Dussault.

On their way to an interview, weaving through the maze of booths, Dussault spotted the Faction skis, then watched as Simmons approached Janzen.

"If you’re a bootlegger, and you think you’re going to get by and put something out illegally, it will cost you more to defend that than simply getting a license," Simmons said in a telephone interview Friday. "They think they can get by being a nuisance, just pests, until they meet GENE SIMMONS, who kills pests dead."

Janzen offered to give Simmons the skis. Instead, Simmons gave Janzen his lawyer’s contact information.

Bill Byrne, who runs a public relations firm in San Diego and works for several outdoors brands, said: "Graphic take-offs or blatant use of a brand’s likeness without consent is one way a lot of brands build product awareness or controversy. The downside is, there could be some unanticipated legal issues.

"Gene is known for going after people that use his likeness. My guess is that ski guys think they are under the radar enough to do it. What are the chances that GENE SIMMONS is going to walk through S.I.A.? Does he even ski?"

Simmons does ski, apparently. And KISS has licensed more than 2,500 products.


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