Wait: I don’t understand why there’s a problem here.
One band is Soulless — the Ohio metal act no one cares about — and the other is The Soulless — the band from the U.K. who used to be called Ignominious Incarceration and have a new album coming out.
On May 10, the one no one cares about sent a cease-and-desist order to Earache Records regarding the U.S. release of the new album from The Soulless.
The demand calls for Earache to immediately cease and desist in the production, distribution and promotion of any materials associated with the name “The Soulless” in the United States, including, but not limited to, compact discs, DVDs, MP3s, t-shirts and other similar media/memorabilia. It also demands that any web presence that is accessible within the United States bearing the infringing mark be immediately removed from the World Wide Web. This includes, but is not limited to, web pages, blogs, MySpace, Facebook, Twitter, Wikipedia pages, and Gun Shy Assassin.
“It’s quite unfortunate that it has come to this,” said front man Jim Lippucci from the one no one cares about. “We notified the band months ago upon learning of their intent to use the name ‘The Soulless’ that this name was pretty much identical to ours. We were assured that Earache would be in contact with us to remedy the situation, but that call never came. We have nothing but respect for young bands and the struggle we all go through to make this music. At the same time, though, we expect bands and labels to perform their due diligence and make sure that the intellectual property of others is respected.”
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