Myspace
News
There is trademark issue with 27 users of Myspace using the
name Delusion as music artist. It is quite ridiculous actually
! Hello, a band name needs to be established as a trademark so
not to conflict with any bands name. Have any of these bands
done that, have evidences, or are professional enough to respond
to allegations they are infringing upon this band name ? You
can't just pick a name and use it without conducting searches
you can prove that the name is not being used by anyone else
with an earlier use.
Okay this is pretty serious business, and it is business not
personal. The music artist Delusion, representated under Ravenhurst
Records, have satisfied all requirements under trademark law
and have established a first-use to the name Delusion and any
similar likeness which covers the following names : Delusion,
Delusions, Dillusion, and Dillusions. Variations of these names
in spelling, adding numbers,etc to these names does not constitute
a difference. It is the same name in the view of the trademark.
This has been recognized by the United States Patent and Trademark
Office and stands with the commercial distribution of Delusion
products throughout the United States and in dozens of countries
internationally as early as 1996.
It would be nice if these 27 users would see their mistake
and make alternation or removal of the use of the name Delusion.
In being fair and reasonable all 27 users have been contacted
as well as Myspace over this issue. More than half these users
have failed to respond to these allegations, others have rudely
responded, and Myspace has taken the position they will not involve
themselves without legal action if this cannot be resolved between
users. Again, the bottom-line is that to stake a claim to the
name Delusion you must have evidence of your commercial use that
pre-dates this groups establishment. These Evidences Need To
Be Disclosed Now or cease and desist use of the name Delusion.
There will be a 60 day grace period for these users to cease
and desist all use of the name Delusion beginning March 1, 2007.
If these users cannot take it upon themselves to remove any infringing
references to the name Delusion from their Myspace pages by May
1, 2007 then charges will be filed for trademark infringement
where first Myspace will be ordered to disclose the personal
addresses of these 27 users and the attorney for Ravenhurst Records
will proceed to file 27 individual cases of trademark infringement
to resolve this. At that point we will be unhappy and seeking
full damages and destruction of goods.
It has been our intent to allow each user to present their
evidences and/or gracefully remove their content with no consequence.
Myspace is forcing this to become a legal issue so either have
these infringements removed to avoid the coming legal action
or get a good lawyer.
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Band Biography
Delusion is the project of guitarist/songwriter Phil Carnes
who after leaving the metal band DesolateAngel set out in 1995
to assemble a group of talented musicians from the Maryland area.
Finding three other talented musicians Delusion proceeded to
begin recording their songs and released their first demo Cd
in 1996 which was distributed to radio and maazines internationally.
In 1997 the groups first songs were included on the compilation CD Powerquest the Awakening released through
KMI Records, then in 1998 made appearance at the Powermad '98
Festival where they were included on the festival's compilation
released on Siegen Records. In 1999, Delusion were
offered featured artist on the tribute cd Children of the Damned
- A Tribute to Iron Maiden released by Adrenaline Records from
Italy. Throughout numerous delays the band completed recordings
of The Tragedy of Regret in 2002, where the group was offered
contract with Ravenhurst Records and the CD released. Guitarist
and producer Phil Carnes endorses Seymour Duncan pickups for
his work in the music group Delusion and the group has gained
modest recognition.
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