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> Ed sued for trademark infringement
OutToDry
post Jul 17 2012, 6:32 pm
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QUOTE(Good_Pain @ Jul 17 2012, 7:19 pm) *

All I can say there was more to this story than just a one time discussion about this topic with EK, I assure you, EK knew exactly what he was doing so now it is all coming to fruition. OTD, myself and few others tried to tell some folks around here, this is just the beginning.
All I can say is in the immortal words of my avatar: "I love it when a plan comes together."


I pity da fool !!!!
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SinfulEyes
post Jul 17 2012, 6:35 pm
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QUOTE(OutToDry @ Jul 17 2012, 6:32 pm) *

I pity da fool !!!!
rockin.gif


This is a big story. It's about time someone did something about Ed infringing on the Live brand to fill his pocketbook!

If he can't use the Live brand to promote his shows, you can bet only a couple of dozen will actually show up to them!


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themaestro
post Jul 17 2012, 6:39 pm
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QUOTE(SinfulEyes @ Jul 17 2012, 6:35 pm) *

This is a big story. It's about time someone did something about Ed infringing on the Live brand to fill his pocketbook!

If he can't use the Live brand to promote his shows, you can bet only a couple of dozen will actually show up to them!



I don't even know if he'll get booked in the same manner. Those venues and promotors know he's not the same draw without the Live association.


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PillarOfDavidson
post Jul 17 2012, 6:41 pm
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QUOTE(SecretInsomnia @ Jul 17 2012, 6:15 pm) *

Not that I doubt anything, but when it comes to the facts: did Ed ever told (them or in public) that he didn't want to be part of the LIVE brand anymore? He said he had no plans to perform or work with them anytime soon and din't want to return to them after asking last year. But is that enough to say he isn't part of the name and brand anymore?
I dunno, maybe I forgot something. I only remember him starting a solo carreer and not responding with the rest anymore.

Anyway, apart from all this it was (like someone said before) about damn time he took his hands off LIVE. Not willing to perform as LIVE? Well, no rights to use the name.


The fact that Live isn't just Ed Kowalczyk you might say that CCP had an obligation, if only to themselves, to take action on behalf of the name and brand of Live. Ed's sudden case of phone-amnesia only served to exacerbate the situation. And, unless I'm mistaken and this is just a late-bloom article, isn't this a separate lawsuit from the earlier lawsuit? Or is this the original lawsuit finally coming home to roost?

This post has been edited by PillarOfDavidson: Jul 17 2012, 6:43 pm


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Badman
post Jul 17 2012, 6:41 pm
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QUOTE(SecretInsomnia @ Jul 17 2012, 4:15 pm) *

did Ed ever told (them or in public) that he didn't want to be part of the LIVE brand anymore?


I think when a venue hosts LIVE and the same 4 guys show up hundreds of times it only makes sense that when he says he doesn't want to hang around those guys anymore he doesn't want to have anything to do with the brand. He is not a one man band. When he showed up to the 99x sessions, he said "we're half of the band live" so he knew very well that he can't just call himself LIVE.

If I misread your question and you meant "did he not want a reunion?", CC&P were willing but Ed wasn't willing. Now the tables have turned now that they have shinn.


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Badman
post Jul 17 2012, 6:47 pm
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QUOTE(themaestro @ Jul 17 2012, 4:39 pm) *

I don't even know if he'll get booked in the same manner. Those venues and promotors know he's not the same draw without the Live association.


You are correct. I think they got him by the balls on this one... especially if it is a separate lawsuit.

The bad news is that there really won't be a reunion after this. This is a lot of bad blood and will financially cripple Ed.

If I were ed, I'd get out of music and start a small business and live simply... it's the best he can do after the lawyers gut him for way more than his "lead singer bonus" ever got him. Serves him right for being so greedy.

This post has been edited by Badman: Jul 17 2012, 6:48 pm


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OutToDry
post Jul 17 2012, 6:49 pm
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QUOTE(themaestro @ Jul 17 2012, 7:39 pm) *



I don't even know if he'll get booked in the same manner. Those venues and promotors know he's not the same draw without the Live association.




His next show is simply:



"Ed Kowalczyk"



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themaestro
post Jul 17 2012, 6:54 pm
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QUOTE(OutToDry @ Jul 17 2012, 6:49 pm) *

His next show is simply:



"Ed Kowalczyk"


Now let's see how recognizable baldie is.


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FishOutaWater
post Jul 17 2012, 6:54 pm
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QUOTE(OutToDry @ Jul 17 2012, 7:49 pm) *

His next show is simply:



"Ed Kowalczyk"


Could he say "formerly (or original) lead singer of Live" or something like that?


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themaestro
post Jul 17 2012, 6:56 pm
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QUOTE(FishOutaWater @ Jul 17 2012, 6:54 pm) *

Could he say "formerly (or original) lead singer of Live" or something like that?


The trademark is Live so I doubt it unless he wants to compensate them.


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OutToDry
post Jul 17 2012, 6:56 pm
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Don't know but I am sure former or formerly has to be used in some sub context, perhaps not. We'll see.

QUOTE


http://www.mohegansun.com/entertainment/wolfden.html

"I Alone," Ed Kowalczyk »

Ed Kowalczyk, widely known as the lead singer and songwriter for the Rock band LIVE, released his first solo album in 2012 entitled Alive. The album produced two singles, "Grace" and "Stand."


no poster with the Live logo anymore. I wonder if this the accord. I do know he can't use that deathstare with LIVE in it anymore.

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PillarOfDavidson
post Jul 17 2012, 6:57 pm
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QUOTE(Badman @ Jul 17 2012, 6:41 pm) *

When he showed up to the 99x sessions, he said "we're half of the band live" so he knew very well that he can't just call himself LIVE.


If Ed were to try and say that he is/was Live then he would be blatantly contradicting himself because of the many instances, which are well-documented in both print and audio/video format, of him expressly saying that the band was made up of all four of them.

I wonder if those videos "The History Of Live" etc. will make their way into the court room...

QUOTE(Badman @ Jul 17 2012, 6:47 pm) *

You are correct. I think they got him by the balls on this one... especially if it is a separate lawsuit.

The bad news is that there really won't be a reunion after this. This is a lot of bad blood and will financially cripple Ed.

If I were ed, I'd get out of music and start a small business and live simply... it's the best he can do after the lawyers gut him for way more than his "lead singer bonus" ever got him. Serves him right for being so greedy.


I wouldn't want to see Ed crippled financially. If you've ever been in that situation you wouldn't wish it on your enemies. For all of his bullshit, he still has a wife and kids he has to help provide for.

That being said, Ed still has his songwriting credits. He's still a co-writer on those hit songs/albums, so I assume he will still be able to put food on the table.

QUOTE(OutToDry @ Jul 17 2012, 6:56 pm) *

Don't know but I am sure former or formerly has to be used.


I don't understand why he wouldn't want to just embark under his name and stop referring to Live every chance he gets. Unless I'm right in assuming that he really didn't want a solo career. But at this point what other option does he have? Start another band? Yeah, how retarded and ass backwards would that look?

This post has been edited by PillarOfDavidson: Jul 17 2012, 7:02 pm


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themaestro
post Jul 17 2012, 7:06 pm
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QUOTE(OutToDry @ Jul 17 2012, 6:56 pm) *

Don't know but I am sure former or formerly has to be used in some sub context, perhaps not. We'll see.
no poster with the Live logo anymore. I wonder if this the accord. I do know he can't use that deathstare with LIVE in it anymore.


I'm no trademark expert here but I believe if the name Live is used it has to be done so legally, with agreement from the trademark owner. He's been using it without agreement so if he were to continue using the name Live in any fashion I would think they worked out an agreement. I wouldn't surprise me if they worked out something to let him use it as "former lead singer" but I think they, meaning the trademark owner, will have to approve it and with that I'd expect them to be compensated. Just my guess.


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Badman
post Jul 17 2012, 7:11 pm
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QUOTE(PillarOfDavidson @ Jul 17 2012, 4:57 pm) *

Unless I'm right in assuming that he really didn't want a solo career. But at this point what other option does he have? Start another band? Yeah, how retarded and ass backwards would that look?


I never thought of that. He could start another band but it wouldn't be easy and you can bet his past fans would be begging him to play other stuff. He doesn't have a name following at all. If he called his solo band "lightning crashes bald guy" he would have more recognition.

QUOTE(themaestro @ Jul 17 2012, 5:06 pm) *

I would think they worked out an agreement. I wouldn't surprise me if they worked out something to let him use it as "former lead singer" but I think they, meaning the trademark owner, will have to approve it and with that I'd expect them to be compensated.



Oh that would be devilish if Ed had to pay ccc&p to use the name he helped come up with. I'm practically getting off on this thread lol

This post has been edited by Badman: Jul 17 2012, 7:14 pm


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OutToDry
post Jul 17 2012, 7:13 pm
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He can perform the songs no problem, as he's the main author in credits. He gets his cut of those and anything Live re-records going forward. Just the systematic use of the name and all the other things he's done....it's just not legally right.


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