Thereafter, Tsiolis and the Band entered into a distribution deal for the "Eyes of Tomorrow" album with a commercial distributor, Feedback Distribution, through its in-house label, Thermometer Sound Surface ("Feedback/Thermometer"). Tsiolis then released the "Eyes of Tomorrow" compact disc ("CD") under the Zoid Recordings name in October 1994. The Band members spent approximately $4,500 of their own funds to buy the master of the recording for "Eyes of Tomorrow," and Tsiolis and his brother then formed their own record label, Zoid Recordings. Instead of attempting to sign with another record label, the Band chose to fund the completion of the album. Unfortunately for the Band, Big Chief went bankrupt in 1991, prior to the completion of recording the album. Big Chief contracted to record, produce, and market an album named "Eyes of Tomorrow," with an option to similarly produce and market subsequent records. ![]() The Band entered into a contract with Big Chief Records ("Big Chief") in New York City, which had distribution arrangements through Warner Brothers Records. However, with increased media exposure of the "Words That Echo Fear" demo tape, the Band received offers for recording contracts from several entertainment companies, also known as record labels, which produce and market various musical artists. In 1991, Tsiolis applied for, and obtained, an Illinois Trade Name Registration for the name "Aftermath." In 1992, the United States Patent and Trademark Office ("USPTO") issued to Tsiolis Registration Number 1,692,053 for the Service Mark "Aftermath." The USPTO registered the mark for Tsiolis' use in connection with musical performances, audio recordings and productions.Īt its inception, the Band attempted to market itself as an "underground band," one which rejects mass appeal and prides itself on having a small, local following. The Band both dispensed free and sold the copies of the latter two demo tapes. In 1989, the Band recorded and released a third demo tape, titled "Words That Echo Fear." The Band distributed approximately 2,500 copies of the "Words That Echo Fear" album. In 1987, the Band recorded and released a second demo tape, named "Killing The Future," of which the band distributed approximately one-thousand copies. The Band recorded an initial "demo" cassette tape later in 1986, self-titled "Aftermath," of which the Band distributed approximately one-hundred copies to local heavy metal concert-goers at no charge. In 1986, the band members agreed upon a name *1346 for the band, "Aftermath" ("the Band"). Tsiolis, also known as "Charlie," organized a "heavy metal" musical group in 1985. § 1125(a) Count III, Common Law Trademark Infringement Count IV, Deceptive Trade Practices in violation of the Illinois Consumer Fraud and Deceptive Trade Practices Act, 815 ILCS § 505/1 and Count V, Antidilution in violation of the Illinois Antidilution Statute, 765 ILCS § 110/1. § 1114(1) Count II, Unfair Competition under § 43(a) of the Lanham Act, 15 U.S.C. Plaintiff Kyriakos Tsiolis' ("Tsiolis") Complaint includes the following counts and alleged causes of action: Count I, Federal Trademark Infringement in violation of 15 U.S.C. It arises out of Defendants' present and threatened use of the name "Aftermath" in connection with their promotion and distribution of popular music works. This is an action for unfair competition, federal and common law trademark infringement, deceptive trade practices and trademark dilution. All parties shall appear for trial on Decemat 10:00 a.m. Plaintiff's motion for preliminary injunction is denied. May a band named "Aftermath" keep other musicians from using the word "Aftermath" for the name of an album or record label where the bandleader holds a registered trademark to the word "Aftermath"? Not at this early juncture. ![]() Sonderby, P.C., Chicago, IL, for Kyriakos Tsiolis. *1345 Andrew Grimes Neal, Chicago, IL, Peter Robert Sonderby, Peter R. INTERSCOPE RECORDS, INC., Aftermath Entertainment, and Andre Young (a/k/a "Dr.
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