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UK tribute band getting a cease and desist

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    2-feign-reluctance2-feign-reluctance TigerTown, USA Posts: 23,144
    on2legs said:
    I'm missing why this is a big deal.   I'm no lawyer, but I'm guessing Pearl Jam would have been well within their rights to just skip the letter and sue them for infringement, no?  But instead they made a polite yet firm request for them to cease & desist.  Basically saying... please stop infringing on our name and we'll be cool and not sue you.  That doesn't really make the band bad guys to me.  But maybe I'm missing something here. 
    Yep. Let’s bump some other threads! 
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    drakeheuer14drakeheuer14 Posts: 4,396
    on2legs said:
    I'm missing why this is a big deal.   I'm no lawyer, but I'm guessing Pearl Jam would have been well within their rights to just skip the letter and sue them for infringement, no?  But instead they made a polite yet firm request for them to cease & desist.  Basically saying... please stop infringing on our name and we'll be cool and not sue you.  That doesn't really make the band bad guys to me.  But maybe I'm missing something here. 
    Seems like they just wish Ed would have skyped them and asked instead of a formal letter from representation. Not too much to ask, right?
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    SmellymanSmellyman Asia Posts: 4,520
    on2legs said:
    I'm missing why this is a big deal.   I'm no lawyer, but I'm guessing Pearl Jam would have been well within their rights to just skip the letter and sue them for infringement, no?  But instead they made a polite yet firm request for them to cease & desist.  Basically saying... please stop infringing on our name and we'll be cool and not sue you.  That doesn't really make the band bad guys to me.  But maybe I'm missing something here. 
    Seems like they just wish Ed would have skyped them and asked instead of a formal letter from representation. Not too much to ask, right?

    I called them and we had a great chat.  It is a bummer lawyers got involved since we came to the mutual understanding that they could keep the name Pearl Jamm.   I am a big fan of their music and their mmerch has some amazing artistry.

    Keep on Jamming.

    Sincerely,
    Eddie Vedderr
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    HJFHJF Posts: 2
    The Irish tribute band 'Pearl Jem' changed their name to Light Years and it wasn't a big deal. 

    From their facebook page (Light Years - Ireland):  "We have taken the decision to change our name to Light Years, with our best intentions being to keep the identity of the Pearl Jam name pure, and to maintain its strength for years to come.

    We have worked with Pearl Jam on choosing our new name and will be continuing to celebrate their wonderful music when we will see you at a show in 2021.

    Thank You, Light Years"

    They're still the same cover band and same members, they play great and everything - literally just changed their name and problem solved. I think Pearl Jamm should have just done the same instead of making a big deal out of it. Obviously the band (pearl jam) doesn't have an issue with having cover bands - this seems to just be about the similar name/merch & images. 

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    igotid88igotid88 Posts: 27,434
    rummy said:
    Off topic but the Foos are bigger than PJ? Damn.
    Unfortunately. Plus Foo are everywhere. Dave is the go to rock guy at awards shows and stuff. And are pretty much treated nicely by their fans.
    Eddie could write a letter about postponing the tour and all everyone could argue about was why he wrote Ed and Pearl Jam. Dave writes a letter and everyone is "omg what a great letter."
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    SmellymanSmellyman Asia Posts: 4,520
    igotid88 said:
    rummy said:
    Off topic but the Foos are bigger than PJ? Damn.
    Unfortunately. Plus Foo are everywhere. Dave is the go to rock guy at awards shows and stuff. And are pretty much treated nicely by their fans.
    Eddie could write a letter about postponing the tour and all everyone could argue about was why he wrote Ed and Pearl Jam. Dave writes a letter and everyone is "omg what a great letter."

    And they are super poppy.

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    Can't stand the foo s
    Not for me.
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    Spiritual_ChaosSpiritual_Chaos Posts: 29,079
    edited January 2021
    rummy said:
    Off topic but the Foos are bigger than PJ? Damn.
    They are a huge (the biggest?) mainstream rock band...

    Pearl Jam played for something like 23.000 people here (And couldn't sell out that arena fully)

    Foo Fighters play for 50.000+ people here. Like Metallica, Guns. Bruce etc.
    "Mostly I think that people react sensitively because they know you’ve got a point"
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    Gern BlanstenGern Blansten Your Mom's Posts: 17,986
    Can't stand the foo s
    Not for me.
    They have a few songs that I absolutely love.  Stacked Actors and White Limo for sure.

    But yeah...now it seems manufactured.  And their live shows are scripted as hell.  A few years back I saw them in like September and then again in May.  They did the same fucking show with a few exceptions and TOLD THE SAME FUCKING JOKES during breaks.
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    crookedcrosscrookedcross Right Near Da Beach, Boiii Posts: 1,418
    After reading so much butthurt over this, I'm not sure that a lot of those people know/fully understand what a cease and desist is. 
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    PB11041PB11041 Earth Posts: 2,772
    Copyright law is pretty serious, and it amazes me how little people know and undertand about it but think that it is no big deal to infringe on someone elses intellectual property.   Basically, if Pearl Jam lets one thing go, they slowly let it all go.  So when it comes to their actual name, it is not terribly surprising that this ask happens.
    His eminence has yet to show. 
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    cp3iversoncp3iverson Posts: 8,640
    edited January 2021
    Yep.  How is this even an argument? Lol.  Im with Shza.  This is the best thing that ever happened to that band. They made it on to the BBC for this! :lol:  

    The irish band handled it perfectly.  No complaining on twitter.  Statement that makes it sound important and fun. 

    Just become “Gems and Rhinestones” or something.  They can throw in some Neil Diamond covers in their encores as well
    Post edited by cp3iverson on
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    HughFreakingDillonHughFreakingDillon Winnipeg Posts: 35,835
    Can't stand the foo s
    Not for me.
    They have a few songs that I absolutely love.  Stacked Actors and White Limo for sure.

    But yeah...now it seems manufactured.  And their live shows are scripted as hell.  A few years back I saw them in like September and then again in May.  They did the same fucking show with a few exceptions and TOLD THE SAME FUCKING JOKES during breaks.
    this is how a lot of bands operate. we've been spoiled into thinking the way PJ does it is the norm. it isn't. 
    Flight Risk out NOW!

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    on2legson2legs Standing in the Jersey rain… Posts: 14,452
    Smellyman said:
    on2legs said:
    I'm missing why this is a big deal.   I'm no lawyer, but I'm guessing Pearl Jam would have been well within their rights to just skip the letter and sue them for infringement, no?  But instead they made a polite yet firm request for them to cease & desist.  Basically saying... please stop infringing on our name and we'll be cool and not sue you.  That doesn't really make the band bad guys to me.  But maybe I'm missing something here. 
    Seems like they just wish Ed would have skyped them and asked instead of a formal letter from representation. Not too much to ask, right?

    I called them and we had a great chat.  It is a bummer lawyers got involved since we came to the mutual understanding that they could keep the name Pearl Jamm.   I am a big fan of their music and their mmerch has some amazing artistry.

    Keep on Jamming.

    Sincerely,
    Eddie Vedderr
    That was pretty funnyy =)
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    demetrios said:
    To Eddie, Jeff, Stone, Mike, Matt, Boom; to Pearl Jam, you have broken our hearts.

    You have known of our tribute band for years yet have waited until a global pandemic to have threatening legal letters sent. This isn’t the Pearl Jam we know and love, the Pearl Jam that stands up for social issues and against corporate giants. Yet your lawyers tell us it is indeed you, the band, that are behind this.

    We know how Matt Cameron felt about his heroes, Kiss, when they took umbrage to his own tribute band ‘kiss’ (lower case). No one has ever confused us or our merchandise with you or your merchandise, and so to say that is “likely” is clearly nonsense. We have not caused you or your brand any damage whatsoever, in fact we have done quite the opposite.

    Such was the pressure exerted by the aggressive wording of the legal letters we received, we have questioned whether we even want to continue. We know of at least one other tribute band that decided to call it a day over this. It may have been easier, cheaper and more effective for one of you to reach out to us personally. We would have done that for you. But not like this.

    Your actions are out of character and unreasonable yet our love for the music endures. We sincerely hope that, despite confirmation to the contrary, you are blissfully unaware of actions being taken in your name. We invite you to respond either publicly or privately and rescind the legal threats that have been made.

    We would like to thank our own fans who have shown us overwhelming support since this story broke and who have voiced equal disappointment in the actions of Pearl Jam

    With love,
    Santi, Richard, Matt, Tim & Andy (‘Pearl Jamm’)

    lol, Matt was thirteen at the time. If you're going to be heartbroken over the real band not wanting your tribute band to use a name too similar to theirs, thirteen is the age for it. 
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    Why doesn't Matt force in more KISS covers into the Pearl Jam setlist

    IT DOESN'T MAKE ANY SENSE!
    "Mostly I think that people react sensitively because they know you’ve got a point"
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    cp3iversoncp3iverson Posts: 8,640
    Why doesn't Matt force in more KISS covers into the Pearl Jam setlist

    IT DOESN'T MAKE ANY SENSE!
    Black Diamond i enjoy.  Id be ok with that replacing RITFW
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    Cal.PJ.CCal.PJ.C Posts: 180
    Wow this tribute bands merch sales must have really been cutting into Pearl Jams profit. Hope the guys still have hot water running
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    xjoshfromworkxxjoshfromworkx Moline, IL Posts: 138

    Something being overlooked her is that Pearl Jamm just got a really rare piece of Pearl Jam merch, the cease & desist letter has to be pretty limited.

    I agree with PJ on this one, can't let something like this go because it opens the door to more bands to do it to them or other bands. If they knew about the tribute band for awhile and just now pulled the trigger on it, perhaps PJ should've pulled the trigger on this at the time rather than let the tribute band carry on for so long and build a fan base under this name.

    Whatever, not our place to decide how they run things.

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    Lost In OhioLost In Ohio Posts: 6,773
    Can't stand the foo s
    Not for me.
    They have a few songs that I absolutely love.  Stacked Actors and White Limo for sure.

    But yeah...now it seems manufactured.  And their live shows are scripted as hell.  A few years back I saw them in like September and then again in May.  They did the same fucking show with a few exceptions and TOLD THE SAME FUCKING JOKES during breaks.
    this is how a lot of bands operate. we've been spoiled into thinking the way PJ does it is the norm. it isn't. 


    One good thing (I'm guessing) about carbon-copy shows is that their fans probably don't travel as much. If they do 18 songs a show and they only have 22-24 possibilities, their fans aren't as likely to travel. This obviously means that local/nearby fans are more likely to get tickets.

    One thing that does fecking annoying me? The way that Pearl Jam announces tours. They announce for South America for March and April. Rumors about Europe (June/July) and USA (September-November) are strong.

    If they announced all three continents at once, people would be less likely to buy for other continents due to closer shows being officially announced.

    The way Pearl Jam (and the Dead before them) do it is completely different. Say they do 32-35 songs per show and there's 300 songs they've played lifetime...not counting unique stuff like improvs, Outta My Mind and "One Note"... That's...how many billions of possible setlists? Someone else can run those permutations.
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    HughFreakingDillonHughFreakingDillon Winnipeg Posts: 35,835
    edited January 2021
    Can't stand the foo s
    Not for me.
    They have a few songs that I absolutely love.  Stacked Actors and White Limo for sure.

    But yeah...now it seems manufactured.  And their live shows are scripted as hell.  A few years back I saw them in like September and then again in May.  They did the same fucking show with a few exceptions and TOLD THE SAME FUCKING JOKES during breaks.
    this is how a lot of bands operate. we've been spoiled into thinking the way PJ does it is the norm. it isn't. 


    One good thing (I'm guessing) about carbon-copy shows is that their fans probably don't travel as much. If they do 18 songs a show and they only have 22-24 possibilities, their fans aren't as likely to travel. This obviously means that local/nearby fans are more likely to get tickets.

    One thing that does fecking annoying me? The way that Pearl Jam announces tours. They announce for South America for March and April. Rumors about Europe (June/July) and USA (September-November) are strong.

    If they announced all three continents at once, people would be less likely to buy for other continents due to closer shows being officially announced.

    The way Pearl Jam (and the Dead before them) do it is completely different. Say they do 32-35 songs per show and there's 300 songs they've played lifetime...not counting unique stuff like improvs, Outta My Mind and "One Note"... That's...how many billions of possible setlists? Someone else can run those permutations.
    yeah, living in a city they've visited twice (3 times if you count Sunfest in Gimli) over 30 years, it's been so hard to decide if I should travel or hope for a hometown show. 

    the thing about carbon copy shows: if you are a canadian band that is successful in canada and australia only, and have a tendency to release live albums, make sure your setlists and banter from tour to tour and live release to live release don't have all the same banter. 

    I'm looking at you, Tea Party/Jeff Martin. (he has released 3 or so live albums from different tours-ALL OF THEM HAVE THE SAME BETWEEN SONG BANTER)
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    FR181798FR181798 Posts: 2,166
    The bands management are there to look after their interest. Its not surprising the lawyers are saying the band is behind this as it sort of carries more weight to do so but it seems a stretch to think that band members are actively seeking out tribute acts and instructing threatening letters be sent out, sounds more like a management decision, I would be surprised if the band has much to do with mundane day to day stuff like this.

    The name does just seem a little too close but then there are other tributes acts doing similar. A lot of tribute acts use a similar logo to the group they are a tribute to, so much so that you have to really look closely at the ads. Ive certainly looked twice. Then you have websites that seem to get confused by tribute acts.

    Yes it would have been nicer if they were politely asked in a more personal way from management but also dont see it as the band members job to go phoning up tribute acts.
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    HughFreakingDillonHughFreakingDillon Winnipeg Posts: 35,835
    FR181798 said:
    The bands management are there to look after their interest. Its not surprising the lawyers are saying the band is behind this as it sort of carries more weight to do so but it seems a stretch to think that band members are actively seeking out tribute acts and instructing threatening letters be sent out, sounds more like a management decision, I would be surprised if the band has much to do with mundane day to day stuff like this.

    The name does just seem a little too close but then there are other tributes acts doing similar. A lot of tribute acts use a similar logo to the group they are a tribute to, so much so that you have to really look closely at the ads. Ive certainly looked twice. Then you have websites that seem to get confused by tribute acts.

    Yes it would have been nicer if they were politely asked in a more personal way from management but also dont see it as the band members job to go phoning up tribute acts.
    agreed. 
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    ry75guyry75guy Posts: 213
    mattcoz said:
    It might also be an issue of needing to defend their trademark. I'm not a lawyer, but it is my understanding that they are required to defend their trademark against infringement or risk losing it. This would need to be done legally and not with a friendly letter. But, again, not a lawyer, so I may be wrong.
    It believe it's this. It comes up at work for me. I assume 100% not personal from the band. If you do not fight off infringement of your copyright, you will be at risk of losing it. See Kleenex, Xerox, Nintendo and Velcro as examples of having to fight for their copyright. I also do think there is an added layer of people getting the bands confused. Just the fact that Band Is In Town confused them with each other is enough to make copyright lawyers worry.
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    on2legson2legs Standing in the Jersey rain… Posts: 14,452
    I wonder if Pearl Jamm released their annual singles on time. 
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    HughFreakingDillonHughFreakingDillon Winnipeg Posts: 35,835
    on2legs said:
    I wonder if Pearl Jamm released their annual singles on time. 
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    mattcozmattcoz Chicago Posts: 2,165
    rummy said:
    Off topic but the Foos are bigger than PJ? Damn.
    They are a huge (the biggest?) mainstream rock band...

    Pearl Jam played for something like 23.000 people here (And couldn't sell out that arena fully)

    Foo Fighters play for 50.000+ people here. Like Metallica, Guns. Bruce etc.
    Hmm, Foo Fighters played Wrigley and it wasn't nearly as big of a deal as when Pearl Jam did. I got tickets at the last minute and even walked around to find a better seat.
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    mcgruff10mcgruff10 New Jersey Posts: 27,908
    mattcoz said:
    rummy said:
    Off topic but the Foos are bigger than PJ? Damn.
    They are a huge (the biggest?) mainstream rock band...

    Pearl Jam played for something like 23.000 people here (And couldn't sell out that arena fully)

    Foo Fighters play for 50.000+ people here. Like Metallica, Guns. Bruce etc.
    Hmm, Foo Fighters played Wrigley and it wasn't nearly as big of a deal as when Pearl Jam did. I got tickets at the last minute and even walked around to find a better seat.
    I would bet that the foo s tour has a few more dates than pj.  
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    igotid88igotid88 Posts: 27,434
    mattcoz said:
    rummy said:
    Off topic but the Foos are bigger than PJ? Damn.
    They are a huge (the biggest?) mainstream rock band...

    Pearl Jam played for something like 23.000 people here (And couldn't sell out that arena fully)

    Foo Fighters play for 50.000+ people here. Like Metallica, Guns. Bruce etc.
    Hmm, Foo Fighters played Wrigley and it wasn't nearly as big of a deal as when Pearl Jam did. I got tickets at the last minute and even walked around to find a better seat.
    I think he meant in his country
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