In February 2013, MACHINE HEAD kicked out bassist/co-founder Adam Duce just before in signing a new record deal, then falsely claimed he had quit the metal band because he was "sick of it," Duce claims in court. Almost a year later (January 2014), Duce sued the band, its three current members and manager in Federal Court, alleging trademark infringement, breach of partnership agreement and defamation, among other things.
According to an update from the UK's Metal Hammer, Machine Head have argued through their attorney that his case should be dismissed for a string of technical reasons.
They say Duce listed his replacement, Jared MacEachern, and their new record label, Nuclear Blast, in his papers but he's levelled unconvincing charges against them.
They say he's also claimed breach of trademark, despite admitting he has no rights to the band name or logo.
The band motion, filed by lawyer Dawn Coulson, says: "Plaintiff, a former partner to the Machine Head partnership, now sues the Band and the other Defendants for federal trademark infringement, alleging that the Band and the other Defendants have used 'a mark identical to MH's federally registered mark without Plaintiff's required consent, for and in connection with Defendants' musical recordings, live shows put on by the Band, and with merchandise including but not limited to clothing and headwear.'
"These allegations fail, however, because Plaintiff is not the registrant of the Machine Head trademarks the Band is. Plaintiff admits as much in the Complaint.
"In the Complaint, only three of Plaintiff's claims are alleged against MacEachern: trademark infringement, negligence and unfair competition. All fail and should be dismissed.
"In the Complaint, Plaintiff likewise alleges trademark infringement, negligence and unfair competition against Nuclear Blast, the Band's post-expulsion record label. Nuclear Blast is only alleged to have 'entered into a new record contract with' the Band sometime 'after the expulsion of Plaintiff.' The allegation that 'On information and belief, Nuclear Blast supported and aided the Band members to expel Plaintiff from the Band' does not suffice.
"No duty, breach, causation or damages proximately caused by Nuclear Blast or can be alleged against Nuclear Blast."
A hearing is scheduled for June 5 at the US District Court in San Francisco, CA.
This summer, Nuclear Blast Entertainment will release Machine Heads next full-length album, the bands debut for the label. In anticipation and to celebrate Record Store Day (April 19th), a limited edition 10 will be released featuring a demo version of a brand new track, entitled 'Killers & Kings'.
Never heard or released before, Machine Head fans have been waiting for new music from the band for the last thee years and 'Killers & Kings' does not disappoint. Side B of the release will also feature Machine Head covering a track by the southern California hardcore outfit, IGNITE.
I remember growing up in the thrash scene and always wanting to hear the demo version of songs, commented vocalist/guitarist Robb Flynn. You searched them out. Thankfully my buddy Jim was a big tape trader, and through trading we had both METALLICA demos, EXODUS demos, bootlegs of songs sometimes years before they came out. I knew how to play every note of Pleasure Of The Flesh by Exodus, easily 2 years before the record was out! My friends and I would debate the merits of each, but we all agreed, It was so much cooler to hear it BEFORE the album is out! So we're gonna do that for you. I can't wait for you guys to hear this stuff."
This limited edition 10 will also feature four alternate covers with two specific colors, each limited to 1,000 copies each.
According to an update from the UK's Metal Hammer, Machine Head have argued through their attorney that his case should be dismissed for a string of technical reasons.
They say Duce listed his replacement, Jared MacEachern, and their new record label, Nuclear Blast, in his papers but he's levelled unconvincing charges against them.
They say he's also claimed breach of trademark, despite admitting he has no rights to the band name or logo.
The band motion, filed by lawyer Dawn Coulson, says: "Plaintiff, a former partner to the Machine Head partnership, now sues the Band and the other Defendants for federal trademark infringement, alleging that the Band and the other Defendants have used 'a mark identical to MH's federally registered mark without Plaintiff's required consent, for and in connection with Defendants' musical recordings, live shows put on by the Band, and with merchandise including but not limited to clothing and headwear.'
"These allegations fail, however, because Plaintiff is not the registrant of the Machine Head trademarks the Band is. Plaintiff admits as much in the Complaint.
"In the Complaint, only three of Plaintiff's claims are alleged against MacEachern: trademark infringement, negligence and unfair competition. All fail and should be dismissed.
"In the Complaint, Plaintiff likewise alleges trademark infringement, negligence and unfair competition against Nuclear Blast, the Band's post-expulsion record label. Nuclear Blast is only alleged to have 'entered into a new record contract with' the Band sometime 'after the expulsion of Plaintiff.' The allegation that 'On information and belief, Nuclear Blast supported and aided the Band members to expel Plaintiff from the Band' does not suffice.
"No duty, breach, causation or damages proximately caused by Nuclear Blast or can be alleged against Nuclear Blast."
A hearing is scheduled for June 5 at the US District Court in San Francisco, CA.
This summer, Nuclear Blast Entertainment will release Machine Heads next full-length album, the bands debut for the label. In anticipation and to celebrate Record Store Day (April 19th), a limited edition 10 will be released featuring a demo version of a brand new track, entitled 'Killers & Kings'.
Never heard or released before, Machine Head fans have been waiting for new music from the band for the last thee years and 'Killers & Kings' does not disappoint. Side B of the release will also feature Machine Head covering a track by the southern California hardcore outfit, IGNITE.
I remember growing up in the thrash scene and always wanting to hear the demo version of songs, commented vocalist/guitarist Robb Flynn. You searched them out. Thankfully my buddy Jim was a big tape trader, and through trading we had both METALLICA demos, EXODUS demos, bootlegs of songs sometimes years before they came out. I knew how to play every note of Pleasure Of The Flesh by Exodus, easily 2 years before the record was out! My friends and I would debate the merits of each, but we all agreed, It was so much cooler to hear it BEFORE the album is out! So we're gonna do that for you. I can't wait for you guys to hear this stuff."
This limited edition 10 will also feature four alternate covers with two specific colors, each limited to 1,000 copies each.
