Sad News For Middian

[opeth_353]

From Middian's website/myspace:

"So, we had a hell of a time finding a name. When Middian was suggested, we did a search and found nothing out there. So we went ahead and called ourselves Middian.

However, in October, we received a cease and desist demand from Midian of Milwaukee, LLC. After checking our options, we have found ourselves with no choice but to comply with the demand.

So, Middian no longer exists. We have also been dropped from the Metal Blade roster as a result of this litigation, being unable to sell our album Age Eternal ever again as well.

The three of us are still going to be playing music together. It just isn't going to be Middian anymore. We do not know what it is going to be called at this point. But we are still really into playing music with each other.

Lots of folks were really good to us during the course of our existence and we really appreciate it. Please keep an eye out for us. Hopefully, you'll be hearing from us very soon.

We are too overwhelmed with the situation to respond to e-mails regarding this, so don't take offense if we don't reply. Trust that we are grateful for people's love and support and ours is with you.

DOOM,

Mike, Will, and Scott"

Middian's myspace
http://www.myspace.com/middiandoom

The band that fucked them,
http://www.myspace.com/midianmusic2

 

[FUBAR]

Thats pretty fucked up

 

[Amonoperth]

That surely is unfortunate......its always a sad thing when stuff like this happens.....i bet the other band is not evil ppl...they prolly just came up with the name first...and wanted to protect it....depends...if they were nationally a touring band....i doubt it.....i looked at their site..and they have no dates.....so kindda crappy of them to do the whole legal seize thingie......i wish these guys best of luck...PEAC EOUT

 

[Scourge of Malice]

don't know either band, but the second band isnt even on a label (and they sound terrible). it would have been much easier for them to change their name than an already established band with a label. sucks.

 

[opeth_353]

Their names aren't even spelt the same.. It's a bit petty. I'm pretty sure there's another band out there called Amaurosis formed after my band.. I'm not bothered if they release under that name.. I'm sure that those who like our music won't be that confused, or it'll only be a brief confusion.

 

[Pethical]

 

[Frosties]

Their names aren't even spelt the same.. It's a bit petty. I'm pretty sure there's another band out there called Amaurosis formed after my band.. I'm not bothered if they release under that name.. I'm sure that those who like our music won't be that confused, or it'll only be a brief confusion.

Actually, it is quite a big deal. If one band sucks, then automatically everyone will associate the music with both bands, and be immediately turned off, even though they haven't heard the "good" one before. In fact, it's in the interest of both bands that they don't have the same name.

For example, I doubt you'd call your band Corrn or Sleepnot, just because of their reputation.

 

[Don Corleone]

yeah, the two names are pronounced the same way so thats what caused the problem i guess

 

[opeth_353]

Actually, it is quite a big deal. If one band sucks, then automatically everyone will associate the music with both bands, and be immediately turned off, even though they haven't heard the "good" one before. In fact, it's in the interest of both bands that they don't have the same name.

For example, I doubt you'd call your band Corrn or Sleepnot, just because of their reputation.

I wouldn't ever dream of calling any of my bands those names as they're pretty much dreadful.

And shame that the good band had to change their name. The Shining bands can manage to share the name peacefully.. I don't think it's that big a deal.

 

[Tubbs]

And shame that the good band had to change their name. The Shining bands can manage to share the name peacefully.. I don't think it's that big a deal.

Well, that's because they can be called Shining (Swe) and Shining (Nor) and the fact that both of them are great also gives reason to why neither should change their name. These two bands in question, however, are both in the US, and one seems to suck more than the other and looks like they're whiny and selfish.

 

[opeth_353]

Middian may not be dead after all........

As many of you know, Middian received a cease and desist demand in October from Midian of Milwaukee LLC. This demand required Middian to stop using our name completely, stop selling our album, and further demanded that all of our recorded cds and albums be destroyed. Middian was served a cease and desist by a band that has never played outside of Wisconsin, hasn't put out a single record, or had a steady line up in the last 7 years. They hadn't even updated their website since year 2000, as of a few weeks ago. We played Milwaukee in May, and no one there even mentioned a local band Midian of one "d". Nor did one of their "fans" come to the show.

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. You can donate funds at www.middian.org in the news section. You will find a link there under the "Middian Defense Fund" heading.

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

 

[Tubbs]

and looks like they're whiny and selfish.

I was completely right! The bastards!

 

[hezagenius]

If the names are spelled differently, what's the problem?

 

[opeth_353]

Clearly they want some cash.

 

[Don Corleone]

^

spot on

 

[in_absentia]

there is no way in hell midian is going to win, stupid pricks, you're right opeth 353

 

[worldwide_suicide]

i will definitely donate to their defense fund!















HAHAHAHAHAhahahahahahahhahahahah fucking pricks.. get a life, get a new name and move on.

 

[Amonoperth]

i will definitely donate to their defense fund!

HAHAHAHAHAhahahahahahahhahahahah fucking pricks.. get a life, get a new name and move on.

That was confusing....???.....PEAC EOUT