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Posted on Apr 10, 2014 10:01 pm
Machine Head has responded to the lawsuit brought against them by former bassist Adam Duce by claiming that the case should be dismissed.
As Metal Hammer reports, the bassist launched action against his former band in January, claiming that he was owed at least $1.8 million and that comments from frontman Robb Flynn had damaged his reputation. Now, Machine Head has argued through their attorney that the case should be dismissed because of technical reasons.
The band alleges that Duce is claiming breach of trademark, despite admitting to having no rights to the Machine Head name or logo. You can check out the band motion, filed by lawyer Dawn Coulson below:
"Plaintiff, a former partner to the Machine Head partnership, now sues the Band and the other Defendants for federal trademark infringement, alleging that the Band and the other Defendants have used 'a mark identical to MH's federally registered mark without Plaintiff's required consent, for and in connection with Defendants' musical recordings, live shows put on by the Band, and with merchandise including but not limited to clothing and headwear.'
"These allegations fail, however, because Plaintiff is not the registrant of the Machine Head trademarks - the Band is. Plaintiff admits as much in the Complaint.
"In the Complaint, only three of Plaintiff's claims are alleged against MacEachern: trademark infringement, negligence and unfair competition. All fail and should be dismissed.
"In the Complaint, Plaintiff likewise alleges trademark infringement, negligence and unfair competition against Nuclear Blast, the Band's post-expulsion record label. Nuclear Blast is only alleged to have 'entered into a new record contract with' the Band sometime 'after the expulsion of Plaintiff.' The allegation that 'On information and belief, Nuclear Blast supported and aided the Band members to expel Plaintiff from the Band' does not suffice.
"No duty, breach, causation or damages proximately caused by Nuclear Blast or can be alleged against Nuclear Blast."