Archive News May 13, 2001

TheSTART, featuring former HUMAN WASTE PROJECT frontwoman Aimee Echo, have cancelled their scheduled appearances at select dates on the upcoming Warped Tour so that they could join SUGAR RAY for a six-week trek beginning July 8th and ending August 18th. TheSTART's debut album, Shakedown!, will be released on June 5th through The Label, via distribution from Geffen/Interscope Records.


LYNCH MOB drummer Jimmy D'Anda (ex-BULLET BOYS) reportedly broke his arm in an altercation after the group's Miami Cinco De Mayo show at the Metal Factory and will be out of commission for at least three or four weeks. George Lynch's guitar tech, Tim Russel, filled in on drums for LYNCH MOB's last Florida show in Jacksonville. Russel is an accomplished drummer and has played on records with MICHEAL SCHENKER, DISLOCATED STYLES and SATANIC INDUSTRIES LTD., among others. In the meantime, LYNCH MOB vocalist Oni Logan and George are working on finishing up 4 tracks for the next LYNCH MOB album at Soul 7 Studios in North Hollywood. The band will be going into rehearsals in Los Angeles in mid-July and doing a few warm-up shows in preparation for the upcoming tour with RATT and John Sykes, which is scheduled to begin on August 1st.


SLASH'S SNAKEPIT guitarist Keri Kelli has reportedly laid down guitar work for the upcoming album from Indiana's GOLIATH, entitled The Gate, which is due to be released through The Music Cartel in September.


THE SCORPIONS will appear on the German TV show Die GlücksSpirale on May 27th at 8:15 PM CET on channel SAT 1.


French death metallers GURKKHAS have signed a three-album deal with Morbid Records. The group's new CD, entitled A Life Of Suffering, is currently being recorded by Stephane Buriez at LB Studios, and it is set for a fall release.


DISINTER have extended their deal with Morbid Records for two more albums. They will enter the studio in June to record a new CD, due out later this year.


Czech Republic's HYPNOS is currently tracking new material in the German studio of veteran metal producer Harris Johns (i.e. SODOM, KREATOR, etc.). The group will be premiering material from The Revenge Ride at the With Full Force Open Air Festival, and will embark on a full tour in support of the album at the end of the year.


POUNDHOUND, featuring KING'S X frontman Doug Pinnick, have had their Rome, Georgia show on May 17th moved to Chattanoga, TN. The band have also added a New York City show, at the Wetlands, on May 14th.


Vocalist Rob Rock (ex-IMPELLITERRI, AXEL RUDI PELL) will have his 'promotional video' airing on May 17th, 24th, 31st &amp June 7th all at 9:00pm in the following markets on Cox Cable Channel 15:

...

Connecticut: Enfield, East Windsor, East Granby, Granby, Stafford, Somers, Suffield, Windsor Locks, Hartland, Union

...

Massachusetts: Holland


Holland's XYSTUS will be playing Utopia on June 23rd with INCINERATION at what will be the latter band's farewell performance.


German power/speed metallers BLACK ABYSS will be entering House Of Music Studios with producer Achim Köhler (i.e. PRIMAL FEAR, BRAINSTORM, etc.) in August to record their new album, the follow-up to the acclaimed Land of Darkness release.


German black metal band ZORN, described as 'pure black metal art without progressive influences or mollycoddled melodies' in the tradition glorious bands like BEHERIT, DARKTHRONE or old GOGOROTH, will be issuing its debut CD, Schwarz Metall, before the end of the year.


Germany's MEPHISTOPHELES have entered Soundloge Studio in Oldenburg, Germany to record their third album, tentatively titled Modern Instinct's Purity. The group's first release with new vocalist Eike C. Kröger (who joined the band right after their last album, Songs of the Desolate Ones, had been released), Modern Instinct's Purity will contain the following tracks:

...

01. Killing Conscious

02. (Galaxia) An Empire Beneath The Sun

03. First Death Introdus

04. Bastard Blood's Prosperity

05. My Enemy Divine

06. Conquer Self

07. Destruction

08. Solarian


Austrian symphonic black metal band AMORTIS are due to enter the studio in May to record the follow-up to Summoned By Astral Fires, with the new material containing 'more technical riffs, death metal and industrial elements' than the group's previous output. AMORTIS plan on recording between six and eight songs, with each track exceeding the six-minute mark in length, and are scheduled to release the effort in September. Song titles set to appear on the CD include:

...

01. The Human Puzzle

02. Messiah

03. 19th Century Love Poetry

04. The Obscure Dance Of Distress


Gothic metal band SACRIVERSUM will have their 1994 eight-track demo, The Shadow Of The Golden Fire, released on CD shortly through the Last Episode label.


The following is an unedited version of the newsletter we received from MAX HAVLOCK (aka John Cyriis), the former frontman of the mid-'80s Californian melodic speed metal band AGENT STEEL:

...

TABLET OF THE ' STELLAR SEED' Official 'Max Havlock' newsletter (April/May2001)

...

1-The new AGENT STEEL band 'PIRATE-SHIP' ALA-CARTE ('TRADEMARK INFRINGEMENT LAWSUIT')

...

A SERIOUS ANNOUNCEMENT: The NEW-AGENT STEEL BAND 'PIRATE-SHIP' ALA-CARTE

...

'TRADEMARK INFRINGEMENT LAWSUIT' (PART-1) As Most of you?may not be aware of---(due to the fact)?that-out of 'Guilt' and 'Embarrassment'---the New AGENT STEEL band has refrained from standing behind/up-to their 2-3 year 'illegal' act of Copyright/Trademark 'Infringement'. For many who may not be aware of this 'Legal' terminology?it refers to the act of using?making 'illegal' use of someones 'Intellectual property' e.g.--------- (something 'musical'work a written work A BAND NAME?i.e. a name that ONE DOES NOT 'LEGALLY' OWN/ARE NOT THE RIGHTFUL OWNERS OF!?ETC..ETC…ETC…) Max Havlock's attorney has been 'diligently' engaged in a 'chase down the dirty rabbit' game--trying to locate---None Other Than?Captain 'JUAN GARCIA'?first mates-'B. Versailes' (aka-B. Versales)?and 'Mr. Chuck Profus'----being 'The Crew aboard the New'AGENT STEEL band=PIRATE-SHIP ALA-CARTE. Yes, Isn't that what pirates do??? Pirates search the High-Seas, and Lands?in some cases?looking for a 'good-LOOT!!' YES?that is exactly what the new?Fraudulent--Agent steel band?has done. And?instead of 'owing?up to the 'theft' of Max Havlock's band name?they have been avoiding exposure of (their thievery) from others (especially the press). They are doing a great job in the act of gag-ordering the cover-up regarding the legal actions Havlock's attorney has taken as a result of their 'illegal' use of Havlock's Trademark/Service mark/Tradename?and DBA. NOW--they are being pinneddown to answer to Havlock's attorney's 'legal-calling' that----they 'STOP'using Havlock's Trademark/Tradename/Servicemark &amp DBA---in all manners-and-forms.

...

Thus, (PLEASE) BE FORWARNED HERE AND NOW? 'ALL'of those somehow allying----Assisting---or---simply employing the Fraudulent Agent Steel bandYou MAY BE DIRECTLY (INFRINGERS) breaking a Copyright/Trademark law (indirectly) by affiliating-Thyselves with the New AS band. By doing so you will also place yourselves in a position As 'Co-defendants' risking the great possibility of having to appear in court (if the case ends up in litigation). Anotherwords---YOU TOO WILL BE SUED FOR CONTRIBUTING TO THE BANDS 'ILLEGAL' USE OF Max Havlock's (rightfully/legally?owned) BAND NAME. SO?it would Be in everyones personal best interest to stay clear of this bands Activities---allowing Havlock's attorney the legal act of settling the manner?in the best way he see's fit (having 'THE LAW ON HIS SIDE'?he will not lose!) There are many flaws in the opinion of the American people as far as the Justice system is concerned. However?Havlock's attorney?assures?that the US justice system--in relation to 'Trademark/Copyright' intellectual property law?is?precise--- and comes down 'HARD'?AND--(Often)?MERCILESS, when it comes to dealing with (obvious) 'INFRINGERS'?such as the New AGENT STEEL band---PIRATE-SHIP ALA CARTE. Below is an example of the seriousness that could result in involving oneself with the New Fraudulent AGENT STEEL band. A fragment of a letter sent by 'Havlock's' attorney to a promoter who 'carelessly' booked the AS-band in his 'Festival' show---reads:

...

(Below script is In reference to an historical--similar--case)

Unless you write me that you will fully comply with the terms of the Firm's cease you will be named as co-defendants

...

Our brief, in part:

...

'In such instances, the court is entitled to grant injuctive relief. For example, several former members of the group 'Deep Purple' obtained a permanent injunction against another former member's use of the names 'Deep Purple' and 'New Deep Purple' in HEC Enterprises, Ltd. v Deep Purple, Inc. (1980, CD Cal) 213 USPQ 991. The original Deep Purple had ceased performing as a group in 1976 after enjoying substantial commercial success since the late 1960s. As noted by the court, the name and goodwill of the group were to be used only by agreement of a majority of the original constituents of the group. In 1980, without the agreement of the plaintiffs, the defendants' group registered the trademark 'Deep Purple' in California, stating under oath that the name had not been used before, that no other party had the right to use the name, and that specimens of goods imprinted with the name 'Deep Purple' had been used by their group in interstate commerce. The court found that the defendants knew these statements to be untrue. The court further noted that the defendant group began performing under the names 'Deep Purple' and 'New Deep Purple' in May, 1980, despite plaintiffs' prompt objections, and that defendants refused to allow the promoters of these performances to communicate their individual names to the public. The performances were of material previously performed by, and in a style imitative of, the plaintiffs' group. The court found, however, that plaintiffs had never stopped or intended to stop using the name 'Deep Purple.' The court held the defendants liable to the plaintiffs under 15 U.S.C.A. § 1125(a), as well as state and common-law theories of unfair competition, service mark infringement, trade name infringment, and dilution of plaintiffs' marks. In addition to the permanent injunction, the court awarded the plaintiffs compensatory and exemplary damages, as well as attorneys' fees and costs of court. See also Gallina v Giacalone (1996, Sup) 651 NYS2d 1014, recalled, substituted op (Sup) 171 Misc 2d 645, 655 NYS2d 317. (musicians who performed with founder of musical group unfairly capitalized on founder's work by continuing to use name of group court enjoined further use of name or similar name or mark).

...

under § 43(a) of the Lanham Act (15 U.S.C.A. § 1125(a)), asserting that defendants' use of the group's name was a false designation of origin or false description of goods.

It seems apparent the original members of the Deep Purple band suffered a similar Ambush by (other) pirates.

...

The most absurd of all elements in this case is the fact that (Mr. Garcia, Mr. Profus nor Mr. Versailles) are (probably) hiding from their other band mates as well as the press---the fact they signed an agreement in 1986 with (founder/vocalist J. Cyriis) acknowledging his full ownership of the band name (Agent Steel) as a (Cyriis) DBA?exclusively. The contract is legal proof of the fact they knew all too well they shouldn't attempt (14-years after the put their signiture on that contract) to use Cyriis' band name lest they chose to engage in the illegal act of (Infringement). Thus, they must have misdirected their record label (amongst others) into believing they had rights to the name AGENT STEEL.

...

Part 2-of this newsletter soon to follow.

...

Tags:

Posted in: News

COMMENTS

To comment on a BLABBERMOUTH.NET story or review, you must be logged in to an active personal account on Facebook. Once you're logged in, you will be able to comment. User comments or postings do not reflect the viewpoint of BLABBERMOUTH.NET and BLABBERMOUTH.NET does not endorse, or guarantee the accuracy of, any user comment. BLABBERMOUTH.NET reserves the right to "hide" comments that may be considered offensive, illegal or inappropriate and to "ban" users that violate the site's Terms Of Service. Hidden comments will still appear to the user and to the user's Facebook friends. If a new comment is published from a "banned" user or contains a blacklisted word, this comment will automatically have limited visibility (the "banned" user's comments will only be visible to the user and the user's Facebook friends). To report any abusive, obscene, defamatory, racist, homophobic or threatening comments, or anything that may violate any applicable laws, please send an e-mail to blabbermouthinbox(@)gmail.com with pertinent details.