Rammstein - Win Lawsuit Against Apocalyptica
The Regional Court of Berlin has convicted Apocalyptica for trademark infringement against Rammstein. The Finnish cello metallers face a fine of ?45,000.
The case concerns the advertising campaign launched in Germany for Apocalyptica's 2007 release Worlds Collide. Worlds Collide featured many guest musicians, including Rammstein frontman Till Lindemann and guitarist Richard Z. Kruspe on the track "Helden" (a David Bowie cover of "Heroes"). The band promoted the album's release on stickers, magazines and posters with the words "featuring Rammstein", this without the authorization of the band and their management.
UPDATED, in case you have trouble understanding: Apocalyptica used the name "Rammstein", which is a trademark, for commercial use without authorization of the trademark holder. The trademark holder (Rammstein and their management) rightfully filed a lawsuit against Apocalyptica for copyright infringement. They won.
The full article (in German) can be read here.
The case concerns the advertising campaign launched in Germany for Apocalyptica's 2007 release Worlds Collide. Worlds Collide featured many guest musicians, including Rammstein frontman Till Lindemann and guitarist Richard Z. Kruspe on the track "Helden" (a David Bowie cover of "Heroes"). The band promoted the album's release on stickers, magazines and posters with the words "featuring Rammstein", this without the authorization of the band and their management.
UPDATED, in case you have trouble understanding: Apocalyptica used the name "Rammstein", which is a trademark, for commercial use without authorization of the trademark holder. The trademark holder (Rammstein and their management) rightfully filed a lawsuit against Apocalyptica for copyright infringement. They won.
The full article (in German) can be read here.
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| Paradox0 Unasuming Madnes Posts: 592 |
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| Byners Posts: 215  |
Rammstein guys are pussy ._.
---- "Seize the day or die regretting the time you lost..."
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| Locke Account deleted |
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| SlaytanicGonzo Posts: 158  |
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| Marcel Hubregtse Grumpy Old Fuck Elite Posts: 40071  |
It didn't feature Rammstein, it only featured two of its members. So, imo, Rammstein are right in sueing, also because Apocalyptica only used the featuring Rammstein slogan for commercial gain.
---- Member of the true crusade against European Flower Metal Yesterday is dead and gone, tomorrow is out of sight Dawn Crosby (r.i.p.) 05.04.1963 - 15.12.1996 
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| X-Ray Rod Skandino Staff Posts: 18347  |
I agree with Marcel... I couldn't have say it better.
---- Written by BloodTears on 19.08.2011 at 18:29 Written by Milena on 20.06.2012 at 10:49
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| Angelic Storm Melodious Posts: 6675  |
At first, I thought it seemed like a stupid reason to sue, and an unwinnable case. But the above post makes it make more sense. It'd be like having Jeff Hanneman guesting on the album, and then promoting the album with "featuring Slayer" on the promotional material. Still seems a bit petty to me, but at least it does make sense now. 
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| Thryce Retired Staff Elite Posts: 4346  |
Written by Angelic Storm on 04.01.2011 at 18:37 Well no, that's just false advertising. The point here is they used the name "Rammstein", which is a trademark, for commercial use without authorization of the trademark holder. So it's a clear case of copyright infringement.
---- Your favorite band sucks.
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| nilzardo Account deleted |
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| Zarto Posts: 1  |
Written by SlaytanicGonzo on 04.01.2011 at 18:24 I Can't Be More Agree, What a Motherfuckers, The Next Time Don't Sing In Any Other Bands Bitches, Stay Whit Your Fucking Noise
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| O Sinistron Hopeless Sinner Posts: 212  |
Written by Marcel Hubregtse on 04.01.2011 at 18:25 Well I don't believe the lawsuit was an iniciative of the band members themselves! I believe their label, wich probably holds the authorization for using Rammstein's name was the one behind the judicial demmand.
---- Last.fm 
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| Byners Posts: 215 |
Never listened to them... I think they might sound good... But this, is kind of a making a storm in a glass of water ._.
---- "Seize the day or die regretting the time you lost..."
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| Byners Posts: 215 |
Oh, sorry... Now the update thing... If the musicians have nothing to do with that, than, so many Rammstein T-shirts are about to be sued, than...
---- "Seize the day or die regretting the time you lost..."
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| Winterthrone Posts: 289  |
Written by Zarto on 04.01.2011 at 18:49 LMAO! You guys don't know shit about the music business and laws. Rammstein band members individually have nothing to do with this, their management sued a band that stole their trademark for commercial gain. How would you feel if another band was using your band name without your consent to gain publicity? I'm pretty sure Apocalyptica would have sued Rammstein if Rammstein had used their name without their permission. You should make sure you know something about the topic your talking about before saying bullshit like this.
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| Legendary Posts: 38  |
No people where hurt so no reason to sue. It seems like a misunderstanding and just because you know you can win the case doesn't give you a reason to rob other people of their money. Especially if you collaborated with them. I think if anything, a simple public apology/rectification would have serviced.
---- And I like the way your lips turned legendary. And I like the way the sun will come to light.
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| Byners Posts: 215 |
Written by Winterthrone on 04.01.2011 at 19:58 Well... That actually means that my band rocks! I will not lose money with that, and will continue earning money. And, if there isn't a reason for another band to use "my logo", they should by ashemed and, once again, I'm not losing anything with it.
---- "Seize the day or die regretting the time you lost..."
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| corrupt With a lowercase c Admin Posts: 3450  |
The full article states that the band sued Apocalyptica. And the reason they didn't settle is that they couldn't agree on proper compensation. Apocalyptica seem to have used the brand on a massive campaign in Germany (one which went completely unnoticed by me) so it can be assumed they definitely earned money with a brand they don't own. And by the way, Apocalyptica themselves sued people in the Czech Republic not too long ago because they used one of their songs without their consent. This is completely normal, nothing special, nothing personal.
---- 
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| Winterthrone Posts: 289 |
Written by Legendary on 04.01.2011 at 20:00 I'm glad for you, you live in an enchanted world with wizards, faeries and unicorns! Welcome to the real world buddy!
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| arj Posts: 191 |
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| Valentin B Iconoclast Posts: 10090  |
Well, no-one would like that other people get benefit from your own hard work in your band, so imo this is justified. Rammstein are a bit anal though about their name appearing in places, for example the people at setlist.fm instantly retract any rammstein setlist they have, because the management always threatens to sue.
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| Jan Posts: 247  |
Hmm.. think that some legal principle exists, that you have to "defend" your trademark or you will loose it. Or something like that.
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| Axe Argonian Posts: 116  |
A good compromise would have been to instead market the album under the slogan, "Featuring singer Till Lindemann and guitarist Richard Z from the band Rammstein!". Unfortunately, Apocalyptica didn't do that, leaving the lawsuit rightly justified. Still, I see this as nothing more than an easy way for Rammstein to make quick cash, reinforcing my great distaste for them.
---- "Man does at all times only what he wills, and yet he does this necessarily. But this is because he already is what he wills." - Arthur Schopenhauer
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| DrunkenFuck Thrasher! Posts: 455  |
Written by Axe Argonian on 04.01.2011 at 21:17 Lawyers are expensive. And lawsuits are always slow to process. This was about a album released in 2007. I doubt Rammstein or their management will see a significant amount of that money.
---- THRASH!!!
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| Boxcar Willy yr a kook Posts: 9107  |
Written by [user id=6449] on 04.01.2011 at 18:22 thats what i thought... god i hate rammestein
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| Legendary Posts: 38 |
Written by Winterthrone on 04.01.2011 at 20:31 I'm sad for you, you live in a fucked up world of money, greed, pessimism and egoism! You perceive every hint of honesty and integrity as a threat to your cruel "reality"! I just wanted to share with people the way things could also be handled. I know the world (and especially the music industry) doesn't usually work that way. But if we keep dismissing any more honest and fair solutions we're only contributing to this fact. But I guess the fact that your "I hate" list is almost twice as long as your "I love" list says it all. peace 
---- And I like the way your lips turned legendary. And I like the way the sun will come to light.
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| TheWiseNoob Posts: 21 |
Written by Legendary on 04.01.2011 at 22:24 Legendary, you need a blow job for composing such perfect, ass-owning prose.
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| LeChron James Helvetesfossen Posts: 3561  |
Enchroachment, on Apocalyptica, 45,000 euro penalty Repeat second down.
---- Kick Ass, Die Young Less is More Stay Pure Stay Poor Music was my life, music brought me to life and music is how I will be remembered long after I leave this life. When I die there will be a final waltz in my head that only I can hear.
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| Varjo Posts: 15 |
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