Former Metallica bassist Jason Newsted, his post-Metallica band Echobrain, and Newsted's Chophouse Records have been slapped with a trademark infringement lawsuit by Dallas-based Echo Drain over the similar band name, according to Allstar.
The suit, which was filed on June 11th in U.S. District Court, Central District of California, claims that Echo Drain have made a name for themselves with their moniker since early 2000, having toured with Willie Nelson, The Dead Kennedys, and others, and that Newsted's Echobrain "knew of, were familiar with, and were impressed by the Echo Drain mark, before ever using Echobrain, and deliberately began to use Echobrain for a musical group and related paraphernalia, i.e., the same purpose for which plaintiff uses Echo Drain, to infringe on Echo Drain's rights, and in derogation of Echo Drain's rights."
Echo Drain further allege that fans are confusing the two bands, and that some music fans believe that Echo Drain stole the name from Echobrain, when they insist the opposite is true. The suit goes on to say that Newsted's band "pirated the song title 'Sucker Punch'" from Echo Drain.
Echobrain, Newsted and Chophouse are being sued for unfair trade practices, trademark disparagement, false designation of origin, cybersquatting, reverse confusion, dilution of mark and injury to business reputation, and unfair competition, among other complaints.
The Dallas band is seeking more than $100,000 per each instance of infringement, a preliminary and permanent injunction from Echobrain using the band name, an accounting of Echobrain's profits and other reliefs.
