On May 10, long-running Cleveland, Ohio metallers SOULLESS issued a cease-and-desist order to Earache Records regarding the U.S. release of a new album from a U.K. band calling itself “THE SOULLESS.” The demand calls for Earache to immediately cease and desist in the production, distribution and promotion of any materials associated with the name “THE SOULLESS” in the United States, including, but not limited to, compact discs, DVDs, MP3s, t-shirts and other similar media/memorabilia. It also demands that any web presence that is accessible within the United States bearing the infringing mark be immediately removed from the World Wide Web. This includes, but is not limited to, web pages, blogs, MySpace, Facebook, Twitter, Wikipedia pages, etc.
Commented SOULLESS front man Jim Lippucci: “It’s quite unfortunate that it has come to this.
“We notified the band [THE SOULLESS] months ago upon learning of their intent to use the name ‘THE SOULLESS‘ that this name was pretty much identical to ours. We were assured that Earache would be in contact with us to remedy the situation, but that call never came.
“We have nothing but respect for young bands and the struggle we all go through to make this music. At the same time, though, we expect bands and labels to perform their due diligence and make sure that the intellectual property of others is respected. Through a simple internet search they would have ascertained that we have been performing, touring and releasing music in the U.S. as SOULLESS for close to 15 years. Simply adding the word ‘the’ does not change that fact.
“It pains us that the label that brought us some of metals most legendary releases from bands like MORBID ANGEL, BOLT THROWER, CARCASS and so many others shows such blatant disregard for our rights.
“Litigation is the last thing we want at this time. We are a metal band and would prefer to focus on making music. At the same time, we have no choice but to fight for the protection of our intellectual property.
“We have struggled for years to establish our name and reputation and we will defend it with the same ferocity and fervor that we put into making music.”
About SOULLESS: SOULLESS hails from Cleveland, Ohio and has been churning out its own unique brand of death/thrash metal since 1996. The band is currently putting the finishing touches on its fourth full-length album, entitled “In Death’s Grip”, for a late 2011 release. The group will also appear in the upcoming horror/metal motion picture “The After Party Massacre” alongside death metal veterans INCANTATION. The film and soundtrack are both due out this summer on Ibex Moon Records.
U.K.’s THE SOULLESS: