A Tribute to Metallica
01.19.16
Enter Sandman
The members of a Metallica tribute band, Sandman, received an unusual surprise when they showed up recently to play a show at FitzRays, in London, Ontario. A 41-page cease-and-desist letter was waiting for them the moment they arrived. The letter, sent by a Metallica attorney, demanded that the band, which bills itself as “Canada’s Number One Tribute to Metallica,” stop using the Metallica name and the following logo:
The Thing That Should Not Be
Sandman had been using that logo for more than a decade without issue. In a move that is becoming increasingly common these days, Sandman posted the letter to Facebook. When Metallica became aware of the posting, they took action, although maybe not the action many would expect. Metallica promptly issued a statement that it was unaware of the letter before it surfaced on-line and notified Sandman that it could “keep doing what [it was] doing.” Metallica noted that, like Sandman, it too started as a cover band: “We have a long history of not only enjoying tribute bands, but we started as one,” Metallica noted. “Heck, we even recorded a two-disc album of covers! We will always remember those days and continue to enjoy tribute bands, even inviting them to support us on various tours over the years.”
And Nothing Else Matters
In the end, Metallica suggested that Sandman “file the letter in the trash” and reportedly offered Sandman a license to use the name and logo for $1. It has even been reported that Metallica paid the $1 royalty itself.
The Unforgiven
As for the attorney, she may not have been let off as easy. In its statement, Metallica indicated (maybe jokingly?) that its “attorney can be found at [San Francisco airport] catching a flight to go permanently ice fishing in Alaska.”
DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.
DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.