UK tribute band getting a cease and desist

1679111217

Comments

  • HughFreakingDillon
    HughFreakingDillon Winnipeg Posts: 39,473
    if you think protecting intellectual property is the same as having a monopoly, there really is nothing left to discuss here. 
    By The Time They Figure Out What Went Wrong, We'll Be Sitting On A Beach, Earning Twenty Percent.




  • igotid88
    igotid88 Posts: 28,630
    edited January 2021
    They accused Ticketmaster of being a monopolist, the enforcement of IP rights is monopolistic by its very nature. I'm not saying that its not a justifiable use of a monopoly to protect their creative endeavours but that they could have went about it in a way more consistent with the Pearl Jam ethos. 
    They're protecting their intellectual property. They're not stopping other bands from performing or coming up with their own music or branding
    I miss igotid88
  • RatherBe
    RatherBe Posts: 270
    I also don't see how they can be compared to Ticketmaster. What are they monopolizing? Their own name and brand? That makes no sense.
    It's a disease and they're all green, it emanates from their being...
  • pjl44
    pjl44 Posts: 10,527
    They accused Ticketmaster of being a monopolist, the enforcement of IP rights is monopolistic by its very nature. I'm not saying that its not a justifiable use of a monopoly to protect their creative endeavours but that they could have went about it in a way more consistent with the Pearl Jam ethos. 

  • demetrios
    demetrios Posts: 97,309

    Pearl Jam lawyers have asked Pearl Jamm, a five-year-old British tribute band, to change their name and destroy all their merchandise.


    They asked us to change the name of the band and give up our email addresses, our website domain and destroy all our merchandise” Tim Love, guitarist of Pearl Jamm, a British PJ tribute band active since 2016, told the BBC.

    Pearl Jamm have been contacted by Pearl Jam’s lawyers through a cease-and-desist letter, a formal legal notice used to ask the recipient to stop acts or activities that violate legal rights. According to Pearl Jam’s lawyers, the similarity of the name and the merchandise sold by the tribute band (an almost exact replica of the official one) is damaging the Pearl Jam “brand” by causing confusion among fans.

    The cover band did not take it well and issued an open letter on their social pages (full version here) addressed to Eddie & Co. “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. No one’s ever come to a show, got to the end of the show, came to us and demanded money back because they were expecting to see Pearl Jam play The Garage in Highbury. Changing our name will lead us to have to put all the social pages back on their feet, losing all the followers”.

    The letter has not yet received a response but if the cover band should decide not to comply with the lawyers’ requests, it could turn into an actual legal action.

    Looking at the merchandise sold by Pearl Jamm – photos below – the resemblance with the iconic one produced by the Seattle band over the years is evident.


    As for the name, although there is a trend, especially in the UK, to pay tribute to great bands by mocking their names (examples are Oasish, an Oasis tribute band, and UK Foo Fighters, tribute band of … well, guess who!), we think that Pearl Jamm should simply change their name, since modifying their username on social networks wouldn’t affect the followers they’ve gained since 2016.

    Pearl Jamm are a great tribute band, we wish them all the best and we hope to see them again soon under another name. Nuclear Love Frogs wouldn’t sound bad after all.





  • Spiritual_Chaos
    Spiritual_Chaos Posts: 31,470
    edited January 2021
    LOL: 

    What the fuck even are these tshirts - who in their right minds would print up these. Stealing the stickman straight off and the name to boot... That's made-in-china piracy.


    "Mostly I think that people react sensitively because they know you’ve got a point"
  • PJNB
    PJNB Posts: 13,890
    LOL: 

    What the fuck even are these tshirts - who in their right minds would print up these. Stealing the stickman straight off and the name to boot... That's made-in-china piracy.


    Anyone defending this after seeing this merch needs to give their head a shake. 
  • JeBurkhardt
    JeBurkhardt Posts: 5,321
    How about: "The Band Formerly Known As Pearl Jamm" for new name?
  • JeBurkhardt
    JeBurkhardt Posts: 5,321
    PJNB said:
    LOL: 

    What the fuck even are these tshirts - who in their right minds would print up these. Stealing the stickman straight off and the name to boot... That's made-in-china piracy.


    Anyone defending this after seeing this merch needs to give their head a shake. 
    Yeah, after seeing those shirts, it would be hard to argue their point. 
  • FR181798
    FR181798 Posts: 2,166
    Seeing the t shirts, no case to answer here. Got to change that. Again I dont think the band actively seeked them out. It was probably just management acting under the bands best interest and how they acted had to be legal. Not sure why anyone would buy a t shirt like that unless they were really drunk after a gig. 
  • FR181798 said:
    Not sure why anyone would buy a t shirt like that unless they were really drunk after a gig. 
    The same people buying this:

    "Mostly I think that people react sensitively because they know you’ve got a point"
  • PJNB
    PJNB Posts: 13,890
    edited January 2021
    Image may contain text


    Legal Jam and setting the internet on fire....  Oh boys. 

    I feel for them since they seem to have a passion for what they do and I believe them to be legitimately hurt by this. That said it is not about them or their feelings. They should have known better to be selling merch as they were and having a name so close to the bands. This is not difficult. This is not Pearl Jam telling them to stop doing what they love to do rather just do it with their own merch and a couple of other consonants and vowels in their name. 
  • gimmesometruth27
    gimmesometruth27 St. Fuckin Louis Posts: 24,055
    "let's keep the same name as the band, just add an m at the end. and we can borrow their trademarked logos to sell merch as well. what can possibly go wrong?"

    sorry guys. be a bit less obvious next time. it was only a matter of time before you got busted. i am surprised it did not happen sooner.
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • cp3iverson
    cp3iverson Posts: 8,702
    This is just a lesson to bands that you should still be even a tiny bit creative wherever possible even if you’re a tribute act.  Or maybe not if you want to get famous for a week. 

    I really enjoyed the Black Circle webcasts during the pandemic.  Those guys were good. 
  • gimmesometruth27
    gimmesometruth27 St. Fuckin Louis Posts: 24,055
    PJNB said:
    LOL: 

    What the fuck even are these tshirts - who in their right minds would print up these. Stealing the stickman straight off and the name to boot... That's made-in-china piracy.


    Anyone defending this after seeing this merch needs to give their head a shake. 
    i agree. after scrolling this page quickly and not stopping to look at the merch photo, that merch looks like pearl jam merch. only on second glance did i realize it was pearl jamm.
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • RS65573
    RS65573 Posts: 2,499
    And use this to your advantage for heavens sake. Your in the news. Have a poll for your new name and get the merch preorder page done.
  • gimmesometruth27
    gimmesometruth27 St. Fuckin Louis Posts: 24,055
    Talk about lacking in creativity....
    The essence of all tribute bands.
    i don't know if the lacking in creativity is really a fair assessment. 

    there are loads of musicians in original bands that do a cover or two because they do not have enough original material to fill a 45 minute time slot. some original bands will end up doing a tribute set to a band that really inspired them. they do this because they like the music. they do not advertise as such, and they do not sell merch.

    but they do not become an entire tribute act for profit. 
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • Why not just hijack "The Jamily"
    "Mostly I think that people react sensitively because they know you’ve got a point"
  • gimmesometruth27
    gimmesometruth27 St. Fuckin Louis Posts: 24,055
    This is just a lesson to bands that you should still be even a tiny bit creative wherever possible even if you’re a tribute act.  Or maybe not if you want to get famous for a week. 

    I really enjoyed the Black Circle webcasts during the pandemic.  Those guys were good. 
    i did not follow the black circle thing. i am familiar with them having seen a few videos on social media a few months ago.

    how could they get away with it with approval from Ed? is it because their name was different?
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • RP112579
    RP112579 Tinley Park, IL Posts: 3,388
    These dudes are big, whiny babies. Pathetic.
    6/29/98 Chicago-United Center
    6/18/03 Chicago-United Center
    5/17/06 Chicago-United Center
    7/19/13 Chicago-Wrigley Field
    10/11/13 Pittsburgh-Consol Energy Center
    10/17/14 Moline-IWireless Center (No Code)
    10/20/14 Milwaukee-Bradley center (Yield)
    4/26/16 Lexington-Rupp Arena
    8/20/16 Chicago-Wrigley Field
    8/22/16 Chicago-Wrigley Field
    8/18/18 Chicago-Wrigley Field
    8/20/18 Chicago-Wrigley Field
    9/5/23 Chicago-United Center
    9/7/23 Chicago-United Center
    8/29/23 Chicago-Wrigley Field
    8/31/23 Chicago-Wrigley Field