Arcata Eye Scene

A-town art, music, theatre. Mostly music. Updated Wednesdays.

The battle of Middian

upsidedowncross presents

33 1/3
(local instru/metal)
+
The Fire Demons
(local stoner metal duo)

@The Alibi
Saturday, February 2
a benefit for the Middian legal defense fund
21+ / 10:30pm doors / 11:15pm music / $4 cover


From upsidedowncross:

“When international cult doom metal act YOB (Eugene, OR) broke up, singer/guitarist/visionary Mike S created Middian from YOB’s ashes. Before the name was chosen, a careful online search was done, proving that no other active unit had the same name. The band worked hard, released the highly acclaimed album Age Eternal on Metal Blade Records, and toured the US.

“In the Fall of 2007, Middian, their label, their booking agent, and a peripherally related online merchandise company were sent cease and desist orders from a seemingly defunct nu-metal band from Milwaukee, WI called Midian of Milwaukee LLC. At first, this seemed like a ludicrous joke. However, the Midian with one “D” were serious about defending their name, even though they hadn’t released any proper albums or played outside of Wisconsin in this century, and hadn’t updated their website in several years – making the validity of their trademark highly questionable. At first Middian sought an agreement to co-exist peacefully. But Midian of Milwaukie LLC didn’t want to co-exist (to the extent they even existed). With increased legal threats came the sad reality that it’s very expensive to fight these kinds of lawsuits, even when the law and the facts are on your side. So Middian from Eugene agreed to give up their name, stop selling all merchandise that bore the mark, and begin again under a new name.

“Unfortunately, Midian of Milwaukee were not satisfied with a peaceful agreement. Neither were they satisfied when Middian’s label Metal Blade dropped them in an effort to avoid legal hassle and expense. No, Midian of Milwaukee were after money–and a large settlement at that (we’re talking tens of thousands…). There’s a big problem though. Middian don’t have that kind of money. They are three humble artists from Eugene, OR that write twenty-minute long doom metal epics that will never be played on the radio. Mike S has three children that he’s supporting. Neither do the other members of the band have anything but cheap rent and low-paying jobs in a small town.

“Given the choice of giving up to these unreasonable demands, or fighting on their own, Middian, their lawyer, and Nanotear Booking have decided to go to court and win this battle. It’s a clear case of greed that must be squashed. But it will not come cheaply. That’s why your donations are so desperately needed. Any support you can offer will go towards Middian’s legal fund via this paypal account found at http://middian.org/donate.”

Please help at whatever level you can. You have our most humble gratitude, and will share in our victory over this tragic nonsense.

Advertisements

3 Comments»

  Robert wrote @

Hey, the link for The Fire Demons myspace is old. The true link is: myspace.com/thefiredemons

Thanks

  Terrence McNally wrote @

Here’s what somebody from Midian, Milwaukee had to say… or not say, as it were:

Us: What’s the story with you threatening to sue Middian of Eugene over trademark violations. We hear untoward things – but what’s your story?

Midian: We aren’t able to talk about it at this time. They’ve said a ton, but you’ll have the true story once our attorney unleashes us. Sorry I couldn’t tell you more.

Midian

Us: Right, that’s what lawyers tell their clients to do – say nothing. Understandable.

Still, any legal wrangling between two bands over a name has the appearance of being totally un-rocknroll – like something from the Lars Ulrich school of public relations.

No doubt you know there are Houston and Australia acts that have your exact name spelling. Hopefully it all makes sense in the end.

  Jennifer Savage wrote @

Fire Demons, fixed!


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s