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.
okeh8000 - 6/14/2002 7:07:47 PM Reminds me of the joke band Mega Death who sued Megadeth back in 1986 (I think it was)..
maestro - 6/14/2002 6:51:09 PM Echodrain suck ass. Enjoy the press dickweeds, it wont last for long. Im going to enjoy seeing this one get tossed out of court..
dsanchez - 6/14/2002 6:42:02 PM Good luck fighting Jason's lawyers...
You realize you have no chance in hell in winning this suit unless EB lifted the name EXACTLY.
SlayerGod - 6/14/2002 5:51:29 PM Does anyone really care? Suck and suckier.
GHOSTRIDER2001 - 6/14/2002 5:27:24 PM This band is shit, what was he thinking? It's like the end of the movie Rockstar, it sucks.
pmdracer - 6/14/2002 5:06:07 PM Here ya go. I just found a way to make some serious cash! You've all heard of MY past band haven't you? Let's see, we went by the name of 'Mega-Deaf'. Yeah, that's it! We toured with Echo Drain too. All of those in the Dallas area that help us out. We'll send ya something from our winning lawsuit. Yeah, we'll buy you a pizza and some beer. Lots of it, since we know how much you Texans like beer. OK. Now, just let me know, and we'll get together and get our story straight..... Oh man, we're gonna be rich!!!!!
flips666 - 6/14/2002 4:59:09 PM go to www.echodrain.com and post in the guestbook
METALP - 6/14/2002 4:11:09 PM Never heard of Echo Drain before and why did it take them nearly a year, if this has any truth to it, to realize the similarities in names??? Anything to try to make a buck and get press!!! Knock'em Dean Newsted! Rock on!
El_Jeef - 6/14/2002 3:34:02 PM Plus I live in Houston, and justed moved from Waco, and visit Dallas often cause i have friends there and none of us have heard of this band.
El_Jeef - 6/14/2002 3:33:06 PM sounds like a load of crap to me. Lets see, an already famous star steals another bands name, etc. so he can make his band popular,hmmm.
Buffcode18 - 6/14/2002 3:28:56 PM now i know how to get my band famous, go and claim that some already famous band ripped me off!
nemesis511 - 6/14/2002 3:12:55 PM "Echo Drain further allege that fans are confusing the two bands" what a fucking stupid ass thing to say! man its too bad pantera arnt touring anymore! i really loved them man! oh wait or was it megadeth... i cant remember cause i forgot who my favorite band was.......... man next these faggots are gonnna sue pantera for coming from the same place,and i live in dallas and have never ever ever heard of echo drain! they arnt even played on the fucking local show! FUCK OFF YOU PUSSIES! theres a 99% chance that these fucks are just bad alternative
Carlosexmax - 6/14/2002 2:55:27 PM This is like those chicks who were called Snakepit, that sued Slash for Slash's Snakepit.....
mongoose22 - 6/14/2002 2:36:15 PM looks like some shitty band finally found a way to famous.
AlmostHuman1 - 6/14/2002 2:35:05 PM you gotta be kidding.I live close to Dallas and follow the music scene and have never heard of them.sounds like a group of 3rd string losers trying to jack some cash...bunch of assholes..
