paramucho
2003-07-17 02:04:31 UTC
"It's just a matter of a band having the right to protect the chords
it uses. I couldn't start up my own soft drink company using the exact
same formula as Coca-Cola." Jill Pietrini, Metallica's lawyer
MONTREAL Metallica are taking legal action against independant
Canadian rock band Unfaith over what they feel is unsanctioned usage
of two chords the band has been using since 1982 : E and F.
"People are going to get on our case again for this, but try to see it
from our point of view just once," stated Metallica's Lars Ulrich.
"We're not saying we own those two chords, individually - that would
be ridiculous. We're just saying that in that specific order, people
have grown to associate E, F with our music."
Metallica filed a trademark infringement suit against the indie group
at the US district court for central California on Monday. According
to the drummer, the continued use of the two chords causes "confusion,
deception and mistake in the minds of the public".
Metallica's lawyer, Jill Pietrini, told us that the band decided to
take legal action only after first sending a letter of complaint to
the Canadian band's singer/songwriter, Erik Ashley.
"We sent a demand letter and haven't reached a resolution, so we had
to sue," she said. "They continue to shamelessly feature the two
chords on their website song samples and we just can't have that."
Ashley, in the meantime, is still shocked by the entire story, and
hasn't yet decided how the band will respond.
"I thought it was a prank at first," he told us. "Now I'm not sure
what to think."
Ulrich states that he's not trying to prevent Unfaith from using the
two chords, only that he feels Metallica should be credited for them
whenever used, and is calling for 50% of all revenue generated from
any song using them.
"It's nothing personal against them," he added. "We intend to enforce
our rights with any band intending to use Metallica-branded chords in
the future."
This marks the first time anything of this kind has ever been tried in
court, and it will be interesting to see how things develop.
Metallica's website has issued an official statement on the suit here.
Unfaith's official website hasn't officially responded at print time.
Joe D'Angelo
http://www1.scoopthis.com/411/met_uf/stc_met_uf_mtv.htm
==================
METALLICA DEFENDS RIGHTS AGAINST CANADIAN BAND OVER E, F CHORDS |
7/16/2003 << GO BACK
We have elected to pursue legal action against Unfaith, a Canadian
band using chords (E & F) traditionally associated with Metallica. We
intend to agressively defend our rights in this matter to the fullest
extent of the law. It's nothing personal against the band in question,
as we intend to do the same to anyone else using the same chords in
that order.
We're not saying we own the E chord, or even the F - that would be
ridiculous. We're just saying that together, people have grown to
associate them with our music, and their continued use in the same
song causes confusion, deception and mistake in the minds of the
public.
We are fighting this fight for our fans, who don't deserve to be
subjected to this confusion... just as we appreciate their support
through this.
http://www1.scoopthis.com/411/met_uf/stc_met_uf.htm
--
Ian
Impressive If Haughty - Q Magazine
it uses. I couldn't start up my own soft drink company using the exact
same formula as Coca-Cola." Jill Pietrini, Metallica's lawyer
MONTREAL Metallica are taking legal action against independant
Canadian rock band Unfaith over what they feel is unsanctioned usage
of two chords the band has been using since 1982 : E and F.
"People are going to get on our case again for this, but try to see it
from our point of view just once," stated Metallica's Lars Ulrich.
"We're not saying we own those two chords, individually - that would
be ridiculous. We're just saying that in that specific order, people
have grown to associate E, F with our music."
Metallica filed a trademark infringement suit against the indie group
at the US district court for central California on Monday. According
to the drummer, the continued use of the two chords causes "confusion,
deception and mistake in the minds of the public".
Metallica's lawyer, Jill Pietrini, told us that the band decided to
take legal action only after first sending a letter of complaint to
the Canadian band's singer/songwriter, Erik Ashley.
"We sent a demand letter and haven't reached a resolution, so we had
to sue," she said. "They continue to shamelessly feature the two
chords on their website song samples and we just can't have that."
Ashley, in the meantime, is still shocked by the entire story, and
hasn't yet decided how the band will respond.
"I thought it was a prank at first," he told us. "Now I'm not sure
what to think."
Ulrich states that he's not trying to prevent Unfaith from using the
two chords, only that he feels Metallica should be credited for them
whenever used, and is calling for 50% of all revenue generated from
any song using them.
"It's nothing personal against them," he added. "We intend to enforce
our rights with any band intending to use Metallica-branded chords in
the future."
This marks the first time anything of this kind has ever been tried in
court, and it will be interesting to see how things develop.
Metallica's website has issued an official statement on the suit here.
Unfaith's official website hasn't officially responded at print time.
Joe D'Angelo
http://www1.scoopthis.com/411/met_uf/stc_met_uf_mtv.htm
==================
METALLICA DEFENDS RIGHTS AGAINST CANADIAN BAND OVER E, F CHORDS |
7/16/2003 << GO BACK
We have elected to pursue legal action against Unfaith, a Canadian
band using chords (E & F) traditionally associated with Metallica. We
intend to agressively defend our rights in this matter to the fullest
extent of the law. It's nothing personal against the band in question,
as we intend to do the same to anyone else using the same chords in
that order.
We're not saying we own the E chord, or even the F - that would be
ridiculous. We're just saying that together, people have grown to
associate them with our music, and their continued use in the same
song causes confusion, deception and mistake in the minds of the
public.
We are fighting this fight for our fans, who don't deserve to be
subjected to this confusion... just as we appreciate their support
through this.
http://www1.scoopthis.com/411/met_uf/stc_met_uf.htm
--
Ian
Impressive If Haughty - Q Magazine