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.
pariahdevinity - 4/28/2004 4:44:37 PM I have known NUkE (vox for echodrain for 9 yrs) he is one of the most talented voices I have ever heard among other artistic gifts he was blessed with. Echodrain is not against Echobrain because Jason Newsted is behind it...this is not about trying to make a name this is about being a real sound and not letting big brother take that away from you. Echodrain deserves to keep what is theirs, it should be a given because of all the hard work. It should not be a situation of whoever is better or has more money should get whatever. THis is about having a part of yourself stolen away from you because corp american can take it. Good Luck Nuke We love you...Pariah-Akron Ohio
AgDent - 6/20/2002 11:09:54 AM If you have ever heard Echo Drain, you'll know why they're suing. Their music is technically brilliant--odd time signatures and transitions that the jerkoff writers of previous entries here are too ignorant to understand. Newsted is still corporate--even without Metallica. I hope the boys from Dallas (Echo Drain) win.
kyuss666 - 6/18/2002 10:17:06 AM ECHO-PANT!!!
karinations - 6/18/2002 9:45:00 AM I think i speak for everyone when i say...care.
rocklikefuk - 6/18/2002 9:05:46 AM what a joke...fuck echodrain
uncle_adolf - 6/17/2002 8:06:24 PM Echo Drain are a bunch of whiny as punks, bottom line is they suck as well as their name...Newsted should counter sue and teach them a lesson.
BrokenClone - 6/17/2002 1:42:15 PM If this goes to trial our judicial system needs a kick in the nuts!
nyarlathotep - 6/17/2002 1:06:48 PM do you know how many bands have songs called sucker punch? i bet it's more than just these two.
stratboy - 6/17/2002 12:53:21 PM Oh man...I'm starting a band called Shrimp Fizkit...
JUDGE666 - 6/17/2002 12:38:35 PM I AM THE JUDGE, AND YOU ARE RIGHT....NOBODY CARES ABOUT ECHOBRAIN, OR ECHO DRAIN. ECHO SHIT!
Johnjack - 6/17/2002 8:56:57 AM what???????????????????
OfficerNice - 6/17/2002 8:52:19 AM If Jason Newsted were not in Echobrain, Echo Drain would not be suing them. Both bands suck. nobody
cares. Even the Judge will dismiss the case cause
it's boring and NOBODY CARES. I doubt Les and Jason
care. Nobody cares about Echobrain. Jason did the
right thing by leaving Metallica. Those guys are
old, over-the-hill has-beens who cannot write heavy
music to save their arthritic-striken asses.
The_Fonz - 6/17/2002 6:28:01 AM WHO CARES...BOTH OF THOSE BANDS SUCK BIG GREEN DONKEY DICKS.
DOGSBOLLOCKS - 6/17/2002 4:26:12 AM WHO OR WHAT THE FUCK IS ECHO DRAIN????? ANYBODY EVER HEAR OF THESE CUNTS BEFORE??????????
majorwood - 6/17/2002 2:44:09 AM But satan, I thought you knew everthing?
