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 Post subject: Middian vs Midian lameness
PostPosted: Tue Dec 25, 2007 9:07 am 
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Ist Krieg
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Joined: Sat Jul 23, 2005 7:40 am
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Location: Canada
"As many of you know, Middian received a cease and desist demand in October from Midian of Milwaukee LLC. This demand required Middian to stop using our name completely, stop selling our album, and further demanded that all of our recorded cds and albums be destroyed. Middian was served a cease and desist by a band that has never played outside of Wisconsin, hasn't put out a single record, or had a steady line up in the last 7 years. They hadn't even updated their website since year 2000, as of a few weeks ago. We played Milwaukee in May, and no one there even mentioned a local band Midian of one "d". Nor did one of their "fans" come to the show.

Prior to this demand, we had never heard of them. Upon further research into the group, we discovered they had not used their name or trademark in years or even played outside of Wisconsin, ever. Our initial response was that our bands could peacefully co-exist. Especially since we learned that our usage combined with their non-usage entitled us to the name, rendering their trademark useless. But we felt it would be wasting everyones time and money to send the issue to litigation. Besides, before the name Middian was chosen, a careful online search was done, proving that no other active unit had the same spelling.

Instead of responding or agreeing to our offer of co-existence, they filed a federal suit against the three of us individually, our label (Metal Blade, who dropped us because of the suit), our booking agent Nanotear Booking, and an online merchandiser we had never even heard of until we saw the complaint.

We sent them word that we would give the name up and even agreed to some other demands that seemed unreasonable, simply because we're not in a financial position to fight it.

They refused to accept our settlement, demanding we pay them tens of thousands of dollars. By right of actual usage worlwide, the name Middian is ours. Regardless of that we have no choice but to FIGHT and defend ourselves in court. We intend to strip them of their trademark and deny them their unfair demands of money and of our music.

We're humbly asking for YOUR help. Spread the word far and wide, to wherever you can. If you can afford it, please donate some money to our defense fund. We're going to have A LOT of legal fees and we're simply not in a position to pay for it by ourselves. You can donate funds at www.middian.org in the news section. You will find a link there under the "Middian Defense Fund" heading.

We would like to thank everyone that has sent us messages. The underground metal community's love has simply been overwhelming.

With your help and support, Middian will stand triumphant against this truly evil attack on our persons and families.

Mike, Scott, Will, and Nanotear Booking.
MIDDIAN"

Middian's myspace
http://www.myspace.com/middiandoom

The other band (rofl they're awful):
http://www.myspace.com/midianmusic2


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 Post subject:
PostPosted: Tue Dec 25, 2007 6:49 pm 
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Ist Krieg
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Joined: Mon Oct 30, 2006 7:15 pm
Posts: 13700
Location: Cincinnati OH
Umm they're names aren't even the same spelling? If this actually had any clout than the Kovenant wouldn't have been able to change the 'c' to a 'k'. Couldn't the gay Midian band be sued by Clive Barker?


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 Post subject:
PostPosted: Wed Dec 26, 2007 3:03 am 
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MetalReviews Staff
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Joined: Wed Feb 09, 2005 4:02 pm
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Location: UK
Sad. Hope they win, good band.


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 Post subject:
PostPosted: Wed Dec 26, 2007 3:57 am 
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Metal King

Joined: Sun Aug 19, 2007 2:30 am
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Middian wins. And Midian pays their legal fees.


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 Post subject:
PostPosted: Wed Dec 26, 2007 5:00 am 
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Ist Krieg
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Joined: Sat Jul 23, 2005 7:40 am
Posts: 13758
Location: Canada
Afro Lint wrote:
Middian wins. And Midian pays their legal fees.

I hope so.


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 Post subject:
PostPosted: Wed Dec 26, 2007 5:10 am 
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Ist Krieg
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Joined: Wed Dec 15, 2004 10:44 pm
Posts: 6817
Location: Florida
That's pretty gay. :[


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 Post subject:
PostPosted: Thu Sep 04, 2008 7:04 pm 
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Ist Krieg
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Joined: Sat Jul 23, 2005 7:40 am
Posts: 13758
Location: Canada
Quote:
Our lawsuit is finally coming to a close. It has been a hard year, and we could not have done it without the support of the metal community world wide and the time and money people donated to our cause. We are eternally in your debt. Sadly, the lawsuit came with a high cost to us personally and interpersonally. Scott Headrick is quitting the band and moving. Mike S felt he needed to back off from touring due to family and work/lack of work issues, cutting his touring commitment from 60-70 shows a year to a handful of shows, mostly local to the West Coast, for an indefinite amount of time, maybe permanently. This extreme change in direction, coupled with the immense stress of our lawsuit and inner conflicts in the band resulted in Scott's decision to move on with his life. Scott Headrick is the highest caliber of person. We mourn his loss, and support his need to take care of himself. We are very sad to share this news about Age Eternal, but are confident that it must and will open the doors for new music creation and growth. Will Lindsay and Mike S will continue to write music with the goal of recording and doing some shows, under another name, as a new band and not Age Eternal. And with Will’s now full-time commitment playing guitar with the immaculate Wolves In The Throneroom, people should be expecting to see him in their hometown in the USA and abroad very soon. News regarding the reformation of YOB, including a small number of shows and a new recording, shall be announced officially soon. Once again, we cannot thank the metal community and people who donated their money and time enough. We feel extremely fortunate to be a part of such a quality group of people, and we will pay your kindness and generosity forward. Doomed Regards, Age Eternal RIP


:[. sort of


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 Post subject:
PostPosted: Fri Sep 05, 2008 2:23 pm 
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MetalReviews Staff
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Joined: Thu Jul 07, 2005 11:24 pm
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Location: Indiana
noodles wrote:
Quote:
Our lawsuit is finally coming to a close. It has been a hard year, and we could not have done it without the support of the metal community world wide and the time and money people donated to our cause. We are eternally in your debt. Sadly, the lawsuit came with a high cost to us personally and interpersonally. Scott Headrick is quitting the band and moving. Mike S felt he needed to back off from touring due to family and work/lack of work issues, cutting his touring commitment from 60-70 shows a year to a handful of shows, mostly local to the West Coast, for an indefinite amount of time, maybe permanently. This extreme change in direction, coupled with the immense stress of our lawsuit and inner conflicts in the band resulted in Scott's decision to move on with his life. Scott Headrick is the highest caliber of person. We mourn his loss, and support his need to take care of himself. We are very sad to share this news about Age Eternal, but are confident that it must and will open the doors for new music creation and growth. Will Lindsay and Mike S will continue to write music with the goal of recording and doing some shows, under another name, as a new band and not Age Eternal. And with Will’s now full-time commitment playing guitar with the immaculate Wolves In The Throneroom, people should be expecting to see him in their hometown in the USA and abroad very soon. News regarding the reformation of YOB, including a small number of shows and a new recording, shall be announced officially soon. Once again, we cannot thank the metal community and people who donated their money and time enough. We feel extremely fortunate to be a part of such a quality group of people, and we will pay your kindness and generosity forward. Doomed Regards, Age Eternal RIP


:[. sort of


That sucks for them. At least YOB's getting back together. Can't wait to hear new shit from them.


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 Post subject:
PostPosted: Tue Sep 16, 2008 7:37 pm 
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Ist Krieg
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Joined: Sat Jul 23, 2005 7:40 am
Posts: 13758
Location: Canada
Quote:
YOB is reforming to record a new album and do a limited number of shows. We have a number of new songs we are working on and our goal is to record in the Spring for a Summer 2009 release. We are very excited about this new material.

YOB will be doing a very small amount of shows to support our new recording. We hope to do 2-3 shows on the west coast, 2-3 on the east coast, and maybe get over to the UK/Europe for a couple of shows if promoters over there feel it would be worth their $$ to bring YOB over for a very short run. We will not add any other shows to these except in rare instances.

Any booking inquiries can be sent to Nathan Carson at Nanotear Booking: nanotear@hotmail.com.

DOOM!!! Mike S/YOB


o/

glad to hear Mike this doesn't seem to have slowed down Mike's album releasing :P


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