Mike Rann & Kevin Rudd. Tour Down Under 2009
Mike Rann & Kevin Rudd. Tour Down Under 2009

Further to my previous post, where I published a number of questions that I forwarded early last week to the Flinders Medical Centre in Adelaide – and to which I had at the time of posting, nor now, received a reply – I want to post a set of questions that I forwarded to the South Australian Premier Mike Rann at the same time in the lead up to the 2011 Tour Down Under.

In this email my questions to Premier Rann concern the amounts paid to the American cyclist Mr Lance Armstrong for his appearance at the Tour Down Under in 2009, 2010 and 2011. I also asked questions about the arrangements, if any, for the use of the LIVESTRONG trademark for the LIVESTRONG Pathway – a mixed cycling and walking path – that Premier Mike Rann opened last Monday.

In regard to the last two matters, over the weekend just passed I found this reference to the LIVESTRONG trademark in the Initial Public offering (the IPO) for the US “content farmer” Demand Media that seems to raise yet more questions.

The Lance Armstrong Foundation is a party to a license agreement with us under which the Lance Armstrong Foundation grants us a perpetual, worldwide, exclusive license to use the LIVESTRONG.com brand, trademark and certain website names associated therewith, including LIVESTRONG.com.” This can be found at page 193 of the Demand Media Form S1 IPO prospectus – see the rest of that most interesting document here.

As noted previously I want to make it clear that I do not know whether anyone – Rann, his government or Flinders – paid Demand Media, Armstrong or any organisations associated with him for the use of the trademark LIVESTRONG™ at the LIVESTRONG™ Cancer Research Centre or in relation to the LIVESTRONG Pathway.

What I was seeking from Flinders – and Premier Rann – was confirmation as to the nature of those arrangements. I think it is important that these questions be asked – particularly because we know so little (as I’ve considered before here and in my pieces at Crikey.com) about the arrangements between Armstrong and the South Australian government and other agencies in that state.

Late last week I resent this email after receiving neither a response nor an acknowledgment of receipt from Premier Rann’s office.

Dear Mr Rann,

I am preparing an article concerning various aspects of the commercial and non-commercial relationships between the South Australian government, the South Australian Tourism department, Events South Australia, the Flinders Medical Centre (the FMC) and related organisations or entities, including the LIVESTRONG™ Cancer Research Centre, and Mr Lance Armstrong and various entities connected with him, including Livestrong.org, Livestrong.com and the Lance Armstrong Foundation, commonly known as the LAF.

APPEARANCE FEE PAYMENTS TO MR ARMSTRONG, 2009, 2010 & 2011

I have two questions for Mr Rann, the organising body of the Tour Down Under (the TDU) and/or the SA Tourism Minister

1 – How much will Lance Armstrong, his team or any related entity, be paid by the South Australian government, the organising body of the TDU or any other South Australian agency, for his appearance at the TDU in 2011?

2 – How much was Lance Armstrong, his team or any related entity, paid by the South Australian government, the organising body of the TDU or any other South Australian agency, for his appearances at the TDU in 2009 and 2010?

LICENSING ARRANGEMENTS FOR USE OF LIVESTRONG™ by the LIVESTRONG™ Cancer Research Centre

In addition to those questions I have several questions concerning reports that the FMC, or an organisation or entity associated with it, made payment to either Mr Lance Armstrong, Livestrong.org, Livestrong.com or the LAF for the right to use the LIVESTRONG™ logo and wording in association with the promotion of and operations associated with the LIVESTRONG™ Cancer Research Centre.

I note that the ownership of the copyright of the word “LIVESTRONG” is asserted by the LAF, which also owns “LIVESTRONG” as a registered trademark.

My questions are as follows:

1 – Has the Flinders Medical Centre and/or related organisations or entities made any payment to Mr Lance Armstrong, Livestrong.org, Livestrong.com, the LAF or any other organisation or entity associated with Mr Armstrong, for the use of the trade mark “LIVESTRONG™” in association with the LIVESTRONG™ Cancer Research Centre?

2 – If any payment was made please advise of the following:

(a) Was that payment made by the FMC or a related entity?

(b) If not the FMC or a related entity, was that payment made by the South Australian government or some other entity? Please provide details.

(c) When was that payment made and what was the amount of the payment?

(d) Was that payment made personally to Mr Lance Armstrong? If not, please advise to whom, or to which entity associated with Mr Armstrong, payment was made?

(f) If the payment was for the licensing of the use of the LIVESTRONG™ trademark, what was the period of that license?

(g) Please advise of any other relevant conditions applicable to the licensing or use of the trademark LIVESTRONG™, either on behalf of Mr Armstrong, the LAF or associated entities or on behalf of the FMC or any related entity.

3 – If no payment was made to Mr Armstrong, the LAF or associated entities, please provide details of the conditions under which the rights to use the the trademark LIVESTRONG™ was granted to the FMC or related entities.

4 – Has Mr Armstrong, or any entity related to him, been paid by FMC or any related entity by way of an attendance or similar fee for his appearances at events arranged for or on behalf of the FMC or the LIVESTRONG™ Cancer Research Centre? If so, please provide details of any such payments, including amounts, dates of payments, source of the payments and to whom such payments were made,

5 – Has the FMC or any related entity made payments to Mr Armstrong or any entity related to him in relation to travel, transport or accommodation expenses incurred by Mr Armstrong or his associates for his attendance at or activities related to the LIVESTRONG™ Cancer Research Centre or the FMC. This includes, but is not restricted to, payment for items such as fuel or other costs associated with the operation of the aircraft used by Mr Armstrong to travel to and from Adelaide from the United States.

6 – Please advise of any payments or contributions by way of cash or pledges to the FMC, the LIVESTRONG™ Cancer Research Centre or related entities by Mr Armstrong, the LAF or related entities.

7 – Please advise whether staff employed by either the FMC, LIVESTRONG™ Cancer Research Centre or related entities negotiated the arrangements for the licensing of the LIVESTRONG™ trademark. If not negotiated by or on behalf of the FMC by FMC staff please advise who conducted those negotiations.

LICENSING ARRANGEMENTS FOR THE USE OF LIVESTRONG™ BY THE LIVESTRONG™ PATHWAY

Finally, in relation to “The LIVESTRONG Pathway” which Premier Mike Rann opened on Monday 17 January and which was named in honour of LIVESTRONG™ I have the following questions:

1 – What arrangements were made between the South Australian government or related entities concerning the licensing and use of the LIVESTRONG™ trade mark in relation to the dedication of the LIVESTRONG™ Pathway?

2 – If those arrangements concerned payments to the owner of the trademark LIVESTRONG™, please provide details of the amount paid and to whom.

END