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.

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 Defense Fund Donation Link

Here is a link for those who wanted to donate $:

http://middian.org/donate/

The metal community fucking rules. Thank you for all of your support!!!


Source: myspace.com
Band profile: Middian
 
Posted: 30.12.2007 by Marcel H.



Comments

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GT - 30.12.2007 at 19:00  
Damn I hope they win the fight. It's pretty obvious that the other "band" is just trying to make some money
Bararey - 30.12.2007 at 19:06  
Now I'm curious to hear from Metal Blade of the reasons why they dropped the band, I bet they would issue a statement when this news spreads even more.
Jonnz of Steel - 30.12.2007 at 19:27  
Bloody hell, that's just pathetic. Can't see how that other Middian can even think they have a chance at this...
Rupert - 30.12.2007 at 19:33  
I've never heard of Middian either, but that's fucking retarded. I hope the guys who started the whole mess lose everything.
AnarChrist - 30.12.2007 at 19:44  
This is simply ridiculous.And as I understood the other band is 'Midian' with one 'd'.How the hell can they even sue then? Shaman for example had to rename themselves to Shaaman because the band with the exact same name already existed,and Shaaman/Shaman is exactly as good as Middian/Midian.And Metal Blade dropping them for that? Has the world totally gone wrong.Money,money,money...pathetic damn.

Go Middian,crush the oppressors!
selken - 30.12.2007 at 19:50  
Good luck dudes!!!
BTW those retarded dudes from Midian should be judge instead, by Cradle of Filth Midian I think you already know.
dismaleuphony - 30.12.2007 at 20:17  
Yes, it surprises me there is such a problem, considering the bands' names are spelt differently. After checking both bands' websites there seems to be little reason to support the need to sue for money outside of greed. Curious about Metal Blade's thoughts as well on this.
UnholyMenace - 30.12.2007 at 20:49  
The other Middian sure knows how to make friends and fans in the metal community.
b0000mst1ck - 30.12.2007 at 22:19  
Written by Bararey on 30.12.2007 at 19:06

Now I'm curious to hear from Metal Blade of the reasons why they dropped the band, I bet they would issue a statement when this news spreads even more.

i'm curious as to why metalblade even dropped the band in the first place. i don't see a reason why they wouldn't support a band that's been faithful to them since being signed. no matter what the case, this situation calls for support considering the legal system in the US. but whatever, i was never really fond of metalblade as it is, and these guys obviously deserve better, regardless of what kind of music they play.
Metalodious - 30.12.2007 at 22:31  
Went to Milwaukee Midian's myspace www.myspace.com/midianmusic2 and left a personal message of hate. They can pass it onto their record company too! I don't really care about Middian, I just think this kind of shit sucks!
insanity.peppers - 30.12.2007 at 22:46  
What wankers. It's sad what money will make people do.
BitterCOld - 30.12.2007 at 22:53  
what a load of crap. i checked out their site... just more boring run of the mill crap. nothing special.

but i guess midian with one d has pretty much guaranteed they never will play any venue of significance outside of Milwaukee.
Valentin B - 30.12.2007 at 22:56  
what's the link between MS and Middian?
insanity.peppers - 30.12.2007 at 22:57  
Wait, this same thing happened to Manticora. They were originally called "Manticore" but an aussie metal band threatened to sue over the name rights, so they changed it to have an 'a' at the end. Isn't this the same thing? I mean they are spelt differently...
Marcel Hubregtse - 30.12.2007 at 22:58  
Written by BitterCOld on 30.12.2007 at 22:53

what a load of crap. i checked out their site... just more boring run of the mill crap. nothing special.

but i guess midian with one d has pretty much guaranteed they never will play any venue of significance outside of Milwaukee.


I checke dout their site as well, and what like you said boring run of the mill crap. And only recently have they started updating and using it (their myspace sitte) and goign on about how they won't slag any bands off (as if?)
btw found out that although they might have had the name since 1995 that certainly isn't a guarantee they will win the courtcase. Apparently usually courts tend to favour the more famous and bigger selling bands in such cases.
BitterCOld - 30.12.2007 at 23:04  
maybe if we are lucky the suit against MIddian will bankrupt the failuremidian.

wonder why they just targeted Middian and not Cradle of Filth for using their precious name as an album title. Oh. Wait. Because Cradle of Filth has an army of lawyers and would squash these cheeseheads like bugs.
BitterCOld - 30.12.2007 at 23:05  
Written by Valentin B on 30.12.2007 at 22:56

what's the link between MS and Middian?


MS covers metal. Middian is a metal band. Middian is in the news for getting legally cannibalized by a failure band with a similar name. There's the connection.
Lucas - 30.12.2007 at 23:09  
Written by Valentin B on 30.12.2007 at 22:56

what's the link between MS and Middian?


The link between METALstorm and Middian is that Middian is a.. *drumroll* metal band!

EDIT: Oh, seems like Bitter already answered.
Bararey - 30.12.2007 at 23:20  
Does the one D band even have a website besides myspace?
Marcel Hubregtse - 30.12.2007 at 23:23  
Written by Bararey on 30.12.2007 at 23:20

Does the one D band even have a website besides myspace?


I can't find it so I think not.
Bararey - 30.12.2007 at 23:28  
Yeah I tried googling it, did not find it, went to their myspace page, couldn't find a url either.

My conclusion, from the one D's actions, is that they figured they'll never make money doing music, so might as well get it from another bigger band compared to themselves,,, once again pathetic
Carrion - 30.12.2007 at 23:36  
Another ridiculous courtcase, my best wishes for these guys.
Promonex - 30.12.2007 at 23:36  
Written by insanity.peppers on 30.12.2007 at 22:57

Wait, this same thing happened to Manticora. They were originally called "Manticore" but an aussie metal band threatened to sue over the name rights, so they changed it to have an 'a' at the end. Isn't this the same thing? I mean they are spelt differently...

Neither Shaman vs Shaaman nor Manticore vs Manticora happened in the US of A. So no, it ain't quite the same.
Asitis - 31.12.2007 at 00:00  
Written by Promonex on 30.12.2007 at 23:36

Neither Shaman vs Shaaman nor Manticore vs Manticora happened in the US of A. So no, it ain't quite the same.

No offence to americans, but damn, they sue everything as soon as they get the chance :')
ChavaIhshan - 31.12.2007 at 00:19  
I really hope they win this fight against that ''nobody'' band.

Keep it up!!!
BurbotsRevenge - 31.12.2007 at 01:40  
i really hope they win this battle, i thinks its shocking what moeny can do!
Warman - 31.12.2007 at 01:46  
Terrible, just terrible...
-Valhalla- - 31.12.2007 at 02:32  
Fuck the one "d" Midian. Do those douche bags know how badly they fucked up the better Middian's career? Not liking that they have a similar name is one thing, getting them dropped from is just cowardly. If the other band is more successful, It doesn't matter how copyrighted you are. They are the better band, YOU change YOUR name. There was a hard rock band in the 60's called Iron Maiden, and a NWOBHM band in the 80's. No law suits filed. One "d" Midian can go fuck themselves.
insanity.peppers - 31.12.2007 at 03:10  
Written by Promonex on 30.12.2007 at 23:36

Written by insanity.peppers on 30.12.2007 at 22:57

Wait, this same thing happened to Manticora. They were originally called "Manticore" but an aussie metal band threatened to sue over the name rights, so they changed it to have an 'a' at the end. Isn't this the same thing? I mean they are spelt differently...

Neither Shaman vs Shaaman nor Manticore vs Manticora happened in the US of A. So no, it ain't quite the same.



Oh yeah forgot to take that into account. I guess using precedent wouldn't work cos it happened in a different legal system.
Talvi - 31.12.2007 at 03:39  
Like metal bands are rich or something...
DrunkenFuck - 31.12.2007 at 04:34  
Did anyone donate?
White Winter Sun - 31.12.2007 at 12:28  
Simply ridiculous and pathetic ...
GT - 31.12.2007 at 12:48  
@Mulldarran: I did but not much...I'm always pretty broke this time of the year
Jonnz of Steel - 31.12.2007 at 13:07  
According to Metal Archives there are several more American bands called Midian...Are they going to sue all of them as well?
Piro - 31.12.2007 at 15:25  
Its pretty pathetic, theres no way that the Wisconsin band is going to win, because they are barely a band to begin with, burn in hell you pathetics scammers!
Paganblood - 03.01.2008 at 12:28  
The intention of the other 'midian' is certainly not good, they want money that's all... they are the ones who should be punsihed, but thanks to today's 'justice'. they're dominating... but hope they'll lose.

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