Midian of Milwaukee LLC vs Middian - we have decided to fight and we need your help!

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Some of you know about this already. If you are in a position to write about this, or can otherwise help spread the word--that would be much appreciated.

Below is the press release. You can find the band's statement online at http://middian.org.donate

***

12/24/07

When international cult doom metal act YOB (Eugene, OR) broke up, singer/guitarist/visionary Mike S created Middian from YOB's ashes. Before the name was chosen, a careful online search was done, proving that no other active unit had the same name. The band worked hard, released the highly acclaimed album Age Eternal on Metal Blade Records, and toured the US.

In the Fall of 2007, Middian, their label, their booking agent, and a peripherally related online merchandise company were sent cease and desist orders from a seemingly defunct nu-metal band from Milwaukee, WI called Midian of Milwaukee LLC. At first, this seemed like a ludicrous joke. However, the Midian with one "D" were serious about defending their name, even though they hadn't released any proper albums or played outside of Wisconsin, and hadn't updated their website in several years - making the validity of their trademark highly questionable. At first Middian sought an agreement to co-exist peacefully. But Midian of Milwaukie LLC didn't want to co-exist (to the extent they even existed). With increased legal threats came the sad reality that it's very expensive to fight these kinds of lawsuits, even when the law and the facts are on your side. So Middian from Eugene agreed to give up their name, stop selling all merchandise that bore the mark, and peacefully co-exist under a new name.

Unfortunately, Midian of Milwaukee were not satisfied with a peaceful agreement. Neither were they satisfied when Middian's label Metal Blade dropped them in an effort to avoid legal hassle and expense. No, Midian of Milwaukee were after money--and a large settlement at that (we're talking tens of thousands...). There's a big problem though. Middian don't have that kind of money. They are three humble artists from Eugene, OR that write twenty-minute long doom metal epics that will never be played on the radio. Mike S has three children that he's supporting. Neither do the other members of the band have anything but cheap rent and low-paying jobs in a small town.

Given the choice of giving up to these unreasonable demands, or fighting on their own, Middian, their lawyer, and Nanotear Booking have decided to go to court and win this battle. It's a clear case of greed that must be squashed. But it will not come cheaply. That's why your donations are so desperately needed. Any support you can offer will go towards Middian's legal fund via this paypal account found at http://middian.org/donate

Please help at whatever level you can. You have our most humble gratitude, and will share in our victory over this tragic nonsense.

Kindest regards,

Middian and Nanotear.

Nate Carson, Tuesday, 25 December 2007 02:06 (sixteen years ago) link

awesome! I will give Will some money when I see him.

sleeve, Tuesday, 25 December 2007 02:45 (sixteen years ago) link

actually I can just Paypal them, cool.

sleeve, Tuesday, 25 December 2007 02:48 (sixteen years ago) link

Awesome, when I get some cash I'll donate something. Want me to post this over at the new board for the ex southern lord posters?

Herman G. Neuname, Tuesday, 25 December 2007 02:52 (sixteen years ago) link

haha, i think i saw "midian of milwaukee LLC" in high school once?!

Jordan, Wednesday, 26 December 2007 19:44 (sixteen years ago) link

Please repost this anywhere and everywhere. We need support.

Cheers.

Nate Carson, Wednesday, 26 December 2007 21:08 (sixteen years ago) link

Done
http://www.foreverdoomed.com/forums/viewtopic.php?f=24&t=442

Herman G. Neuname, Wednesday, 26 December 2007 21:11 (sixteen years ago) link

Thank you. I'll certainly keep you posted on what happens.

Nate Carson, Thursday, 27 December 2007 05:04 (sixteen years ago) link

Posted over at http://board.vivalavinyl.org/?func=topic&id=43507&r=1
You might wanna post on these boards with updates and stuff. Keep everyone interested.

Herman G. Neuname, Friday, 28 December 2007 02:51 (sixteen years ago) link

Nate:

I've been sort of following the progression of all of this on my radio show on KWVA, so I'll be sure to mention the donation page when I do my next broadcast. Have you guys contacted any of the KWVA DJ's about this? I'm sure there's a few who'd be glad to give you some air time to get the word out. I'd offer you some time on my show, but it's at a pretty rotten time slot (though you're more than welcome to come on if you want to... I just think you could just as easily get a slot on one of the more popular afternoon/evening shows).

Are you guys cooking up any kind of benefit show, or anything?

novaheat, Friday, 28 December 2007 04:49 (sixteen years ago) link

Definitely planning some benefit shows. Hoping some other grassroots ones will spring up on their own too...

Nate Carson, Friday, 28 December 2007 21:33 (sixteen years ago) link

one month passes...

It got a mention in Terrorizer and a quote from Nate!

Herman G. Neuname, Wednesday, 6 February 2008 14:36 (sixteen years ago) link

and this was posted on the DFFD board

The dude that has the Metal hamburger restaurant in Chicago http://www.kumas-corner.com (added a Trouble hamburger this week, BTW) is having a special fund raiser for Middian. All tips at the bar, the last Friday of this month, will go to Middian for their laywer fees. The band will be there too. Cool restaurant and great cause!!!

Herman G. Neuname, Wednesday, 6 February 2008 14:37 (sixteen years ago) link

I want a Trouble hamburger!

Herman G. Neuname, Friday, 8 February 2008 22:17 (sixteen years ago) link


*Check out the NEW BURGERS*
PANTERA BURGER ½ pound burger served with Roasted Pablano Pepper, Bacon, Cheddar Cheese and Monetary Jack Cheese Ranchero Sauce and Tortilla Strips
12

FUMANCHU BURGER ½ pound burger served with Grilled Japanese Eggplant, Teriyaki sauce, Wasabi Mayo, Frizzled Daikon Radish
12
____________________________________________

“OUR FAMOUS KUMA BURGER” Bacon, Cheddar, Fried Egg
10

KAIJO Bacon, Bleu Cheese, Frizzled Onions
10

BLACK SABBATH Blackening Spice, Chili, Pepper Jack, Red Onion
10

YOB Smoked Gouda, Bacon, Roasted Red Peppers, Roasted Garlic Mayo
10

IRON MAIDEN Avocado, Cherry Peppers, Pepper Jack, Chipotle Mayo
10

SLAYER Pile of fries topped with a ½ lb. Burger, Chili, Cherry Peppers, Andouille, Onions, Jack Cheese, and Anger
12

NEUROSIS Cheddar, Swiss, Sautéed Mushrooms, Caramelized Onions, Horseradish Mayo
10

METALLICA Buffalo Sauce, Bacon, Bleu Cheese Dressing
10

MELVINS Fresh Basil, Prosciutto, Mozzarella, Tomato, Onion
10

CLUTCH Cheddar, Swiss, Jack, Smoked Gouda
10

MASTODON BBQ Sauce, Cheddar, Bacon, Frizzled Onions
10

LED ZEPPELIN Pulled Pork, Bacon, Cheddar, Pickles
11

JUDAS PRIEST Bacon, Bleu Cheese Dressing with Apples, Walnuts, and dried cranberries
10

MOTORHEAD Goat Cheese, Kalamata Olives, Oregano, Tzatziki, Onion, Tomato
10

MAYHEM Sliced Jalapenos, Pancetta, Pepper Jack, Gardinera Mayo
10

DARK THRONE Chipotle Peppers, Goat Cheese, Fresh Pico de Gallo
10

GOBLIN COCK Bacon, Cheddar Cheese, ¼lb. Vienna Hot Dog, Tomatoes, Onion, Neon Green Relish, Sport Peppers, Pickles, Celery Salt Mustard
12

MINSK Pastrami, Swiss Cheese, Sauerkraut, Brown Mustard
12

Who's for the Goblin Cock Burger then?

Herman G. Neuname, Friday, 8 February 2008 22:19 (sixteen years ago) link

lol at the toppings of the Judas Priest.

is there a new url for the donation site? i get a 404 when i click the link upthread.

rockapads, Friday, 8 February 2008 23:31 (sixteen years ago) link

hey rockapads you need to (for some reason) go to

http://www.middian.org

and that redirects you

all others please take note!

I just saw Will yesterday, he told me that they have found a Wisconsin lawyer who is willing to work pro bono. This is important in case their local lawyer fails to get the trial moved to Oregon.

sleeve, Monday, 11 February 2008 17:29 (sixteen years ago) link

Good luck to Nate and the guys from Middian!
I started a thread over at http://www.foreverdoomed.com/forums/viewtopic.php?f=24&t=442 and the mods made it a sticky so lots of info over there.

Herman G. Neuname, Monday, 11 February 2008 22:16 (sixteen years ago) link

Truly appreciate all the attention and support guys. I'll have to track down the Terrorizer. We had an interview in Decibel too...

Nate Carson, Tuesday, 12 February 2008 03:16 (sixteen years ago) link

I am totally eating a Darkthrone Burger the next time I am in Chi-town.

roxymuzak, Wednesday, 13 February 2008 01:08 (sixteen years ago) link

one month passes...

Completely forgot about this thread before seeing them last night. Good show! (Though I don't get why the lead guy thought the guitars weren't coming through the main speakers, because they were...)

Ned Raggett, Sunday, 30 March 2008 16:21 (sixteen years ago) link

I bet they were! That band is LOUD.

sleeve, Sunday, 30 March 2008 17:40 (sixteen years ago) link

Wish I could see them. Wish I had seen YOB even more.

Herman G. Neuname, Sunday, 30 March 2008 17:56 (sixteen years ago) link

two months pass...

So, Nate, any news on this? They played their "last show for a while" here in Eugene in late May.

sleeve, Wednesday, 11 June 2008 01:08 (fifteen years ago) link

Which I of course missed because I got the day wrong.

novaheat, Wednesday, 11 June 2008 02:41 (fifteen years ago) link

Our lawyers are talking to their lawyers. It's a SLOOOOOOOW process.

We are just hoping that common sense will soon prevail.

Nate Carson, Wednesday, 11 June 2008 08:54 (fifteen years ago) link

If you pick up that new book ALL KNOWN METAL BANDS there is one entry for Middian and 6 (!) entries for Midian.

Thank you Dan Nelson, whoever you are!

Nate Carson, Thursday, 12 June 2008 21:46 (fifteen years ago) link

two months pass...

Well, the band in the title of this thread is calling it a day. But Will is now in Wolves in the Throneroom and Mike has reformed YOB.

So something good came out of all this nonsense.

Nate Carson, Monday, 1 September 2008 23:56 (fifteen years ago) link

but they lost the case?

Herman G. Neuname, Monday, 1 September 2008 23:59 (fifteen years ago) link

Can't discuss any details but let's just say it could have been way worse.

Nate Carson, Tuesday, 2 September 2008 00:11 (fifteen years ago) link

I don't think they "lost", in strict legal terms, but the settlement was not to the band's advantage. I heard that they had to pay $$$ and destroy all remaining copies of the record.

I saw Will play with WITR a couple of weeks ago and they tore it up. I think he's happy to have the whole thing over with, and to move on.

sleeve, Tuesday, 2 September 2008 00:17 (fifteen years ago) link


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