Middian - Support Middian For They Received A Cease And Desist Demand
Middian - Support Middian For They Received A Cease And Desist Demand
Band profile
Middian Source
myspace.com
Posted by
Marcel Hubregtse December 30, 2007
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!!!
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