Enmitygauged Posted July 4, 2011 Author Share Posted July 4, 2011 A. I'm pretty sure Twitter is not a valid communications venue for serving a legal notice, because there has to be proof that you received it. B. If they had actually contacted their atorneys, there would be the aforementioned "cease and desist" letter prior to the actual filing of the lawsuit. Having said that, I like the new name better, anyway, and hope Karma visits the dweebs who tweeted you with a vengeance :). Really??? We must have different laws here I contacted a friend who is a lawyer here who said it is now accepted as a form or serving notice in a last case. Last year a guy in Melbourne was given a summons to court via facebook because the judge had no other way to contact him. When he didnt attend the Restraining order was granted and he was sent notice on Facebook, And yes its hardly punk to slam another band with legal threats is it.... Link to comment Share on other sites More sharing options...
ChanMan Posted July 4, 2011 Share Posted July 4, 2011 I think the key phrase here is "last case". It would be too easy to waltz into court and claim to have not checked your FB site in days... or weeks or months for that matter. Where I live sumonses and legal notices are served by the local Sherriff or by registered mail in certain cases. You Aussies may have a different slant on it :). *ETA* Kid Rock would have just beat your a$$.... Link to comment Share on other sites More sharing options...
adius Posted July 4, 2011 Share Posted July 4, 2011 That sucks. Been there too. Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 5, 2011 Author Share Posted July 5, 2011 I think the key phrase here is "last case". It would be too easy to waltz into court and claim to have not checked your FB site in days... or weeks or months for that matter. Where I live sumonses and legal notices are served by the local Sherriff or by registered mail in certain cases. You Aussies may have a different slant on it :). *ETA* Kid Rock would have just beat your a$.... Well its over now and Im looking forward to 8 gigs in your sunny country. I was there in Jan this year for 3 shows it wasnt so sunny although Houston was very nice. Link to comment Share on other sites More sharing options...
damian Posted July 5, 2011 Share Posted July 5, 2011 Well its over now and Im looking forward to 8 gigs in your sunny country. I was there in Jan this year for 3 shows it wasnt so sunny although Houston was very nice. Great new band name..........Enjoy your short U.S. Tour; Your audience will......... ( Now I have to change my band's name FROM " Bushlive Park " to " Sunday's Alibi "............. I had to join you and get me an Ash Tele......It's quite nice........ Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 5, 2011 Author Share Posted July 5, 2011 Great new band name..........Enjoy your short U.S. Tour; Your audience will......... ( Now I have to change my band's name FROM " Bushlive Park " to " Sunday's Alibi "............. I had to join you and get me an Ash Tele......It's quite nice........ what sort of neck C or D and is it a rosewood fb or maple. they are an amazing guitar. most of the lead on myspace page is played with the tele. Sundays Alibi. sounds like youre dodging church lol Link to comment Share on other sites More sharing options...
flyingarmadillo Posted July 5, 2011 Share Posted July 5, 2011 Well its over now and Im looking forward to 8 gigs in your sunny country. I was there in Jan this year for 3 shows it wasnt so sunny although Houston was very nice. Houston is not so nice right now - around 98F (37C) here - although the humidity is low today - only around 45%. Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 5, 2011 Author Share Posted July 5, 2011 Houston is not so nice right now - around 98F (37C) here - although the humidity is low today - only around 45%. ah thats beautiful compared with what ive got at the moment hail, sleet,black ice. and thats an average summers day here so I can contend with that. thanks for the heads up. Link to comment Share on other sites More sharing options...
damian Posted July 5, 2011 Share Posted July 5, 2011 what sort of neck C or D and is it a rosewood fb or maple. they are an amazing guitar. most of the lead on myspace page is played with the tele. Sundays Alibi. sounds like youre dodging church lol Maple fretboard.....C neck.....No veneer, two piece CENTER seamed....... Whoever made this one was a happy camper that day....I'll post the obligatory pics...... Um, and yes, I've been dodging church for decades..... ( You are correct about the serving processes, by the way...) Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 5, 2011 Author Share Posted July 5, 2011 Maple fretboard.....C neck.....No veneer, two piece CENTER seamed....... Whoever made this one was a happy camper that day....I'll post the obligatory pics...... Um, and yes, I've been dodging church for decades..... ( You are correct about the serving processes, by the way...) Yeah Im happy just letting sleeping dogs lay. We are happier with the new name its registered now as a trademark and with Apra so its all good. I love my tele. is yours a natural or painted finish. It sounds the same as mine but I went with the Rosewood just that little bit softer sound for stuff on my own. Yeah My lead singer is Mormon so I doubt he would have considered that one. :) Link to comment Share on other sites More sharing options...
damian Posted July 5, 2011 Share Posted July 5, 2011 Yeah Im happy just letting sleeping dogs lay. We are happier with the new name its registered now as a trademark and with Apra so its all good. I love my tele. is yours a natural or painted finish. It sounds the same as mine but I went with the Rosewood just that little bit softer sound for stuff on my own. Yeah My lead singer is Mormon so I doubt he would have considered that one. :) It's natural.....I went with the maple; IMHO, looks nicer on Teles.......I JUST noticed though, and you'll ( all ) see the photos tomorrow; Dang things a factory second....I'm too tired to post pics......You'll all get a good laugh at what the factory guys did.......Holy smokes !!!!!!! Your singer's a Mormon ?????? Dang......A singer songwriter and keyboardist I work with is a Mormon....She's a hoot !!!!!!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 5, 2011 Author Share Posted July 5, 2011 It's natural.....I went with the maple; IMHO, looks nicer on Teles.......I JUST noticed though, and you'll ( all ) see the photos tomorrow; Dang things a factory second....I'm too tired to post pics......You'll all get a good laugh at what the factory guys did.......Holy smokes !!!!!!! Your singer's a Mormon ?????? Dang......A singer songwriter and keyboardist I work with is a Mormon....She's a hoot !!!!!!!!!!!!!!!!!!!!! Yeah hes funny as but we cant play sunday gigs or have swearing or sexual matter. but its cool I still write it in 'in such a way that he doesnt notice I know its mean but come on its meant to be punk. Although we have this whole The GAslight Anthem thing going on at the moment which I dont really consider punk. Link to comment Share on other sites More sharing options...
martinh Posted July 5, 2011 Share Posted July 5, 2011 My band just got sued because our name (I now cant say it for legal reasons) is close to another bands name although we use ours in reverse with more words. oh well I guess its time for a name change Was this in the US? Did you actually get sued (e.g. someone filed a court case, and served you with a petition alleging that their name was a registered trademark, and there was a likelyhood of substantial confusion between their name and yours) or did you just get a cease and desist letter? If it's the former, court filings in the US are public records, and no one except a judge can tell you that you can't discuss the case (including your name and their name) in public. Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 5, 2011 Author Share Posted July 5, 2011 Was this in the US? Did you actually get sued (e.g. someone filed a court case, and served you with a petition alleging that their name was a registered trademark, and there was a likelyhood of substantial confusion between their name and yours) or did you just get a cease and desist letter? If it's the former, court filings in the US are public records, and no one except a judge can tell you that you can't discuss the case (including your name and their name) in public. Thanks for info Martin. I would take it to be a cease and desist letter stating a breach of the trademarks act. but its all sorted now. In ten years time they will be gone and I'll still be making music. Link to comment Share on other sites More sharing options...
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