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Grant - NIAB done?

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  • #16
    Yeah, these copyright law things are always interesting.

    I wonder, for example, how far he could have pushed things had they called themselves "More Nuts/No Blender" or some such and changed the logo?

    You have all these different versions of bands playing around and it seems that as long as they call themselves "The Original Coasters" or something they seem to be fine under copyright laws.
    _________________________________________________
    band websites:
    http://www.JumpStartYourParty.com
    https://www.gigmasters.com/Rock/Jump-Start
    https://www.facebook.com/JumpStartYourParty
    http://www.weddingwire.com/biz/jumps...587fe5f12.html

    Comment


    • #17
      Copywrite and Trademark are two entirely different things. I'm estimated he spent between $1500-1800 to file the trademark and another $1000-1500 to get the cease & desist and other letters written, The Trademark was for the use of the name "Nuts In A Blender" and the logo for any commercial entertainment purposes.

      From his lawyer:

      This letter is intended to not only respond to the claims made in your correspondence dated March 6, 2013, but also to provide you with notice that should your clients continue use of NUTS IN A BLENDER, it will be wrongful and unauthorized. Mr. XXXXX is terminating his de facto license and intends to continue to use the mark for entertainment services. Any continued use of the mark by your clients will cause confusion in the market place, and will constitute trademark infringement pursuant to 15 U.S.C. §1114 false advertising, unfair competition and false designation of origin pursuant to 15 U.S.C. §1125(a).

      Mr. XXXXX has been using this mark in commerce, at least as early as May 2002, to identify and distinguish his services. Our client has expended substantial funds, time, and effort in the development and protection of its valuable trademark and thus, the mark is well established and well known.


      He contacted Facebook and presented them with proof of the trademark. FB has a no-tolerance policy when it comes to trademarks. Whoever shows proof is who FB sides with.
      so over this signature BS!!!

      Comment


      • #18
        I don't think its the copyright issue or the fact that the original singer is being a jerk as much as it was the two new fronts dumping on them. I never thought that those two had the staying power to put as much faith in them as grant did. as for pulling the plug.. I fully understand that. All things come to an end , including the band I played with for the last 5 years and I ditched the side project as well. Like anything there is a time to move on. Like grant said ,, they had a good run.
        "you mess with him and you mess with the whole trailer park"

        Comment


        • #19
          Tim, losing both singers took a lot of wind out of our sails, although we had another singer on deck (as good as JD vocally) to replace our male front. He was a terrific singer, just not a very strong frontman. It goes without saying... you can be an amazing talent in a studio or recording booth, but you need to really have stage presence to entertain and lead a band through a performance. Our former singer had that... our replacement singers had that. And 'that' is an extremely hard thing to find.

          The guy who filled in this past weekend has 'that'. He would have been an excellent replacement for our former singer. The guy is well known and has a long history with area bands and is a draw just as himself. I know he was interested and we could have kept rolling with him out front... but what would we call it? We can't use NIAB... About Last Night wouldn't fit... it wasn't catching on with clubs and it was associated with being a Top40 act. Would we change the name a third time and make another tired run at changing the name. Without the use of the name we are dead in the water. And as I said... the truth of the matter is it's not that much fun playing the clubs these days. How can you sell a party band when there's not much of a party on the club scene. LOL


          This is a mistake I see countless bands make... they suffer lineup changes and name changes yet the show deteriorates and the quality of the product drops. When someone mentions the band's name people respond "Oh, they are still playing"... and it's really a former shell of what they once were. This was a concious decision to end this band. Were are hands tied? Absolutely? Could we enable some work arounds? We did before, and we could do so again. But there comes a certian time when you say to yourself... this still looks pretty from the outside... let's leave it intact. There may be a day when we decide to mend fences and dust this off.... but trying to trudge through this terrible club economy isn't really helping ourselves or the scene right now.

          Think about it... we're a band that just drew 2000+ people in attendence with barely any promotion. And we're pulling the plug.

          Interesting... as soon as we walked off stage at 2am the new manager of the venue rushed our manager and asked why we were breaking up (he was aware of the legal issue). We just said we didn't have enough work on the calendar to keep things running. And he responded that he wanted us as a house band... he didn't care what we called it. LOL He doesn't realize that the crowd that came out Saturday came to say goodbye... they haven't and wouldn't come out like that every weekend.
          Last edited by wheresgrant3; 08-07-2014, 11:55 AM.
          so over this signature BS!!!

          Comment


          • #20
            Yea I get why you pulled the plug. You can really only put humpty back together again so many times. The times are a changing and your core fan base is getting older and other things besides going to the bar tend to take priority. Face it money is tight. We got the same thing going on down here , People still come to the beach ,, but they don't spend the money like they did. As for the fun ,, yea I get that too. I played over 1000 shows in the 5 years I was with my main band. I doubt that in 5 years I will look back and say ,, I wished had played a few more bar gigs. LIke you ,we had a good run ,, but I could see that bailing was in order and everything that has happened to the venue and band has proven that I made a good decision. Will I rock again in another band.. Who knows , but I am not looking right now. I haven't started selling gear yet ,, but its not out of the question.
            "you mess with him and you mess with the whole trailer park"

            Comment


            • #21
              We both agree the bar economy right now is troubling. Many people ask my why... what do I think is going on. I think it's simple yet a combination of things.

              I'd say our best years as a band in terms of draw was 2009-2011. I mean Jesus... would could set up and play in a park.... announce the show on FB and two hours later we'd have a 100 people in attendance. I could say we were spoiled... except that we worked every angle to be 'that band'. None of the other bands in our circle were having success like that. In the height of the recession people wanted to be anywhere other than home. They wanted to drink... they wanted to forget. Most were un or underemployed... not making much money and trying to stave off debt. We drew people from 25-50... but the core crowd that came out were usually 25-35 and single or 35-45 and divorced. Now it's 5 years later... the economy has improved, yet it took many of those post college grads 5 years to land their first professional job. Now they are stuck paying off debt they rang up the four years prior. A good example is a friend of my wife. She started following the band at 23.... now she's 31. She lives at home with her parents still and has been underemployed since graduation. She has a Masters in Teaching Elementary Ed. She just landed her first teaching job... she's 31, in debt and not moving from her parents anytime soon. She also can't afford to go out and blow $100 on a Saturday night. Say what you want about Generation Y... they were handed a very unkind bag of "@#%&". So when I look at the nightclub scene... I see people under 25 (who don't follow bands) or people over 50.... who tend to head home by 11pm. That 7-10pm dinner slot is looking sweeter and sweeter. LOL (too bad it pays "@*#%" ).

              The other thing that happened here exclusively in the Northeast was a Hurricance by the name of Sandy. This did more to damage retail eonomy in NY, NJ, PA, CT than anything. On average people spent a few thousand dollars unplanned to prep, combat or recover from the storm. I cite Sandy as a huge factor in the nightclub decline. Since Sandy we've had four important clubs close their doors. All suffered damage from Sandy and never full recovered in terms of business.

              I do hope this is a trend.... I'd hate to see live music of any kind be flushed away by DJ's and cheap LapPop bands. As the dollar becomes thinner I'm seeing a lot of embarrassing shortcuts being taken by bands left and right. The end result is a drop in overall quality of entertainment. Which encourages people to support less than more.
              so over this signature BS!!!

              Comment


              • #22
                Originally posted by TIMKEYS View Post
                I never thought that those two had the staying power to put as much faith in them as grant did.
                Based on....what????? You never met either of them, I don't think. Almost 100% certain you never worked with them. So you based this prediction on what? A picture or a video clip?? I guess you had a 50/50 shot of predicting "stay" or "go" and you got this one right. Maybe even better than a 50/50 shot since most everyone leaves a band eventually.

                OTHO, you've been making dire predictions about the intentions and actions of one of my singers for nearly 5 years now and have been dead wrong about all of them. She still with us and still wants to be and still works hard at it, vocal issues notwithstanding.

                Nothing personal, but I always find it laughable whenever people start presuming they understand and can predict the motivations and actions of people they've never even met or even read anything they wrote.
                Last edited by guido61; 08-07-2014, 12:52 PM.
                _________________________________________________
                band websites:
                http://www.JumpStartYourParty.com
                https://www.gigmasters.com/Rock/Jump-Start
                https://www.facebook.com/JumpStartYourParty
                http://www.weddingwire.com/biz/jumps...587fe5f12.html

                Comment


                • TIMKEYS
                  TIMKEYS commented
                  Editing a comment
                  Based on gut feel. You have two people one of which has a pretty big obligation to the military and his sidekick walking into one of the top bands in grants area with a big repution. They got an instant promotion to the top without paying the blood sweat tears of building that band. Its a lot of work to play in a band like that. I figured they would bail out because it was an easy plum to pick. They didn thave the emotional investment of the founding members. They walked is the bottom line, so its not like you say I got it wrong. Dave don't kid anyone ,, you have had your bumps and bruises with the front end along the way. There are so many times with things that the only thing that holds them together is the investment of time. Noobs don't have that. It doesn't take that much for them to make a change of direction.

                • wheresgrant3
                  wheresgrant3 commented
                  Editing a comment
                  Tim's assessment is pretty much on the money. Again the reason both left the band were wildly different and for personal reasons... but I have no doubts those decisions were made without a blink b/c either member didn't shed any blood for this band. I personally had a longstanding rule when it came to hiring talent.... never go with an unknown player. We bent and broke both rules. Neither player really understood what we went through. The Castle had already been built. They stepped into an already working and functioning band.

                  So many people have approached me and said "Well just find another singer"... Well then ... who? We already know the players out there and there pickings are slim. Last summer we auditioned a bunch that just did not fit the band or the performance. Again investing in an unknown is not worth the effort in my opinion. Perhaps if we were just a performance band booking privates we could have easily slipped anoth singer and moved on... but when you are carrying in the name, rep and legacy of a 12 year old nightclub band you need to have someone that will connect with the audience. Did JD connect with the audience? Not as well as our former singer, but his talent was a force to watch and experience.... and he seemlessly intergrated himself into the bands performance in a way that he didn't just stand out... he brought the entire band to a whole new level.

                  The sad thing is... up until JD departed (early May) the band was firing on every cylinder. We came from a position the summer before where the band was broken and wasn't in a position to continue on. Instead we found JD, retooled the set, renamed the band and rebranded the show... the show was killer and it was starting to take off. Rehearsals were organized, productive and fun. The shows themselves were electric. Nuts was always fun... but this was a different level. JD brought out our A game. For the first time in years we were challenged and we all started to feel like musicians again. Our last show with him was interplanetary. We could have performed that on any concert stage and gotten the same crowd reaction. Am I upset it's over... of course but I'm a better musician for having experienced it.
                  Last edited by wheresgrant3; 08-08-2014, 08:41 AM.

              • #23
                Originally posted by wheresgrant3 View Post
                The guy who filled in this past weekend has 'that'. He would have been an excellent replacement for our former singer. The guy is well known and has a long history with area bands and is a draw just as himself. I know he was interested and we could have kept rolling with him out front... but what would we call it? We can't use NIAB... About Last Night wouldn't fit... it wasn't catching on with clubs and it was associated with being a Top40 act. Would we change the name a third time and make another tired run at changing the name. Without the use of the name we are dead in the water. And as I said... the truth of the matter is it's not that much fun playing the clubs these days. How can you sell a party band when there's not much of a party on the club scene. LOL
                I think I said this to you at the time: I thought it was going to be a tightwire to walk to try to both be the Old Band and the New Band at the same time. That almost never works for bands. You pretty much have to cut your losses and start from scratch as a new entity. But if the market isn't there for you and/or it seems like more trouble than it is worth....well then there you go.


                This is a mistake I see countless bands make... they suffer lineup changes and name changes yet the show deteriorates and the quality of the product drops. .
                Or even when the show and the quality improves, it's tough to move forward many times. Old fans like the old thing. Period. They'll never see the new lineup as better even if all the musicians on stage KNOW that it is. One of those intangible things about this business. "Quality" is subjective on so many levels. It's like how so many people will always insist that some bands first album was the best one even though it's clear that musically, vocally and from a songwriting perspective, a band is so much better on so many technical levels on later albums.

                Connecting with an audience is a fragile and intangible thing.
                _________________________________________________
                band websites:
                http://www.JumpStartYourParty.com
                https://www.gigmasters.com/Rock/Jump-Start
                https://www.facebook.com/JumpStartYourParty
                http://www.weddingwire.com/biz/jumps...587fe5f12.html

                Comment


                • #24
                  Originally posted by guido61 View Post
                  Based on....what????? You never met either of them, I don't think. Almost 100% certain you never worked with them. So you based this prediction on what? A picture or a video clip?? I guess you had a 50/50 shot of predicting "stay" or "go" and you got this one right. Maybe even better than a 50/50 shot since most everyone leaves a band eventually.

                  I was sorta curious about this as well. Given neither left for 'music' reasons and it's doubtful either will perform with a band on this level again. JD... the male was always a question mark. After all he signed a 6 year contract with USMA as lead vocalist of their band so we knew at most we'd have him for a couple of years.... his departure was disappointing but it made sense. Her departure on the other hand made no sense at all. An American Idol trialist twice, she worked for the Post Office, had strong local roots and enjoyed the spotlight of being in a band. Hew departure was shocking and something we never saw coming.
                  Last edited by wheresgrant3; 08-07-2014, 01:15 PM.
                  so over this signature BS!!!

                  Comment


                  • #25
                    Originally posted by guido61 View Post

                    I think I said this to you at the time: I thought it was going to be a tightwire to walk to try to both be the Old Band and the New Band at the same time. That almost never works for bands. You pretty much have to cut your losses and start from scratch as a new entity. But if the market isn't there for you and/or it seems like more trouble than it is worth....well then there you go.
                    .
                    Well again... from a local level the new name/line up was slow to take hold but it was really starting to take root. We new from an audience perspective it would take a solid year (or a healthy summer) to move beyond the old name. In April we played an Autism benefit and the press and buzz from that event (over 300 in attendence) really started to get things moving. The bottle neck was the nightclubs. Many had a 'back of the line' attitude when we swapped the name. One club owner went as far to offer us half$ for the new band because he couldn't use NIAB to market the event... event though NIAB never played his venue. Another club complained that we only brought 150 people to his club in the dead of winter when NUTS would bring 250 ppl. I replied with the fact had we not played there would have been about 20 through the door (this venue was failing) and we had offered him a discount. He was paying $800 less than what we charged him as NUTS. His bartenders also said openly it was their best Friday night in three months. So club owners used it as a negotiation point.

                    However we were building buzz 90 mins away... in CT we played a big club in CT that would never book NUTS. This was a larger capacity venue we played in Jan... and the manager booked us inmmediately for 4 more dates... and sent personal referrals to four more clubs. So things were working for us in that market... we didn't have the big shadow the previous band had in front of us. However driving home 2 hours and getting home at 5am every Saturday night wasn't thrilling either. In Nuts it was easy to build things at home but playing regionally was a big challenge. It was evident that this band would do better regionally... it's just the money wasn't there like it was 6-7 years ago. It wasn't economical. You have bands driving from PA to Boston to play $800 a night. the gas alone is $100.
                    Last edited by wheresgrant3; 08-07-2014, 01:30 PM.
                    so over this signature BS!!!

                    Comment


                    • #26
                      Originally posted by wheresgrant3 View Post


                      I was sorta curious about this as well. Given neither left for 'music' reasons and it's doubtful either will perform with a band on this level again. JD... the male was always a question mark. After all he signed a 6 year contract with USMA as lead vocalist of their band so we knew at most we'd have him for a couple of years.... his departure was disappointing but it made sense. Her departure on the other hand made no sense at all. An American Idol trialist twice, she worked for the Post Office, had strong local roots and enjoyed the spotlight of being in a band. Hew departure was shocking and something we never saw coming.
                      Even when you think you know what people are likely to do, you so often don't. And you said something about "significant other" issues? Yeah, nothing will bring about a quick departure from a band quite like a spouse whining about it at home every day.

                      One thing I like about having two singers is that should one ever leave---even without notice---we'd be able to limp through gigs until we found a suitable replacement. Losing both at the same time? Yeah, that might be a signal that it's time to just hang it up.

                      All any band can do is just prepare yourself for the worst as best as you possibly can. Keep that rolodex close by and don't burn bridges. I know our young singer isn't going to be around forever. She came in with a big smile on her face a few weeks ago announcing that we "had her" for at least the next two years. (She took a two-year scholarship at a local university.) And she's totally into being in the band. Loves the gigs. Loves being on stage and playing rock star. Gets along great with all the other band members. Likes the $$. I'm working with her really closely on getting new promo together. But even still, two years will fly by like nothing and even then there's nothing saying she won't get some other offer or something else will happen in her life and she'll walk in tomorrow saying "this is the last gig, guys! Sorry!"

                      Or, she may be our singer for the next 10 years....who knows? All you can do is just hope for the best and be prepared for the worst, really.
                      _________________________________________________
                      band websites:
                      http://www.JumpStartYourParty.com
                      https://www.gigmasters.com/Rock/Jump-Start
                      https://www.facebook.com/JumpStartYourParty
                      http://www.weddingwire.com/biz/jumps...587fe5f12.html

                      Comment


                      • #27
                        Originally posted by guido61 View Post

                        Even when you think you know what people are likely to do, you so often don't. And you said something about "significant other" issues? Yeah, nothing will bring about a quick departure from a band quite like a spouse whining about it at home every day.

                        One thing I like about having two singers is that should one ever leave---even without notice---we'd be able to limp through gigs until we found a suitable replacement. Losing both at the same time? Yeah, that might be a signal that it's time to just hang it up.

                        All any band can do is just prepare yourself for the worst as best as you possibly can. Keep that rolodex close by and don't burn bridges.
                        When JD joined the band in Septemeber he was separated from his wife for three years and headed for divorce. Over the holidays they reconnected and they decided to make it work... one last try. In Jan he moved her from her family in FL up north where he's stationed. He assured us that it would not be a problem.... although we all knew she was not happy with the band. If you saw JD on stage, in his element and you were married to him... you wouldn't let him out of your sight. Woman stalked him. ​Right after a killer show (large venue... 1,000 people through the door) during load out... everyone on a high, JD gathered everyone together... in a group hug. It was a surreal moment. All night I could tell something was weighing on him but he didn't let it show during the performance. In that group circle he told us it was his last show. We thought he was joking. He was not.He just found out that afternoon that she was two months pregnant... and she gave him an ultimatum... quit the band, immediately... or over the weekend she was flying home to Tampa. Period. We had just signed up as a house band for a local club for Thursday night gigs. Plus despite the lack of weekend club dates we had several public and private paying gigs booked throughout the summer. Boom... JD wasn't able to do any of them. How do you act supportive of a guy who was a team player and is now faced with this life changing moment knowing it's destroying everything you just built. We were all shell shocked.

                        So a few days later we convened at my house to discuss the future of the band. Does everyone want to stay... can Ashley move out front? Can we get another male singer to compliment and cover some songs. The answer was a uniform 'Yes'. It just so happened that I had a guy in mind.... a terriific local singer. Played mostly solo gigs and was a multi instrumentalist. Terrific kids with a great voice. Think Frankie Vallie, Micheal Jackson, Justin Timberlake... red flags were immediate. He wasn't current on Top40 (yet we was an R&B recording artist... how could you NOT be up on the latest and greatest). He couldn't rap... his stage experience in front a band was more of a dinner hour band playing Stevie Wonder and classic RnB. He was a 60 year old in a 30 year old body. We went out and saw him perform... I think everyone saw the potential. We brought him into rehearsal and he wowed us on some material... but seemed very uncomfortable singing anything outside his wheelhouse. At best we thought he could handle Bruno Mars, Maroon 5 and some Timberlake stuff... but the rest was really out of the question. He's never sing rock, rap songs or really bring the 'party'. He was a serious singer. So we were leaving that up for Ashley who was more than game... she was excited and a vivacious personality out front... but she had no chemistry with our new male lead. It was awkward at best. Still we carried on and she did a fantastic job holding the show together. A natural performer. She sang 'Crazy Bitch', 'Shook Me", 'Sweet Child" right alongside Beyonce, Alicia Keys and Lady Gaga.

                        The show was moving along until mid-June. For over a week she wasn't answering emails... missed a rehearsal, showed up late to a show.... She called our band leader with a confession. She had a religious convergence... met a man, and was getting married and was no longer able to perform with the band. Her future husband reinforced this with his own... firm letter to our band leader. And just like that... poof. She was gone. There's more that I'm not sharing here but honestly NONE of us saw this coming. With JD we were prepared at any moment there could be an exit... his commitmente to the military, his roots down south, tension with his wife. But Ashley.... she was here one day... the next day gone. She also cut ties with all of her friends.It was like she had suddenly died. So in less than 60 days... both singers left for wildly different reasons. When that happens you look up to the sky and say "This is a sign, huh?" LOL Especially when you look at your gig calendar and realize that the act you were just selling is no more... NOW you have to retool and rebrand again. For what... $800 gigs 90 mins away?

                        As I said... if there was a scene worth fighting for I'd still put some energy into this... but as I said... it's not worth it... not for the public gigs and not for the privates. It costs money to run a band on this level and there has to be a market for it to surivive. Right now there just isn't one. At best it's a break even business. So for now we'll take a break. Had our last show on Sat and drew an incredible crowd... we can still pump the legacy of this band. No one is going to come along and wipe away 12 years of great shows memories, engagements, weddings, relationships... etc. So many people came up to me last Saturday and said they had a lot of summertime memories tied up with this band. How can you not feel good about that. When we first started I would have never imagined we'd have the following we had. And that's worth closing the door, to preserve that, rather than dillute it with 40 more attempts at trying to resurrect the lineup. Although, after last Saturday's show one has to wonder.... I could do that once a month for free. LOL
                        Last edited by wheresgrant3; 08-08-2014, 09:27 AM.
                        so over this signature BS!!!

                        Comment


                        • #28
                          The answer is obvious. Bring back the old singer who owns the name. Give him an extra $100 because he owns the name.
                          PA Unity15's over LS800p's. YX15's, YX12's IPR power, RM32AI

                          LightsMartin Minimac Profiles, Chauvet Intimidator Spot Duos, Blizzard 3NX, Fab5, Hotbox

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                          • #29
                            Except that he's a douche.
                            PA Unity15's over LS800p's. YX15's, YX12's IPR power, RM32AI

                            LightsMartin Minimac Profiles, Chauvet Intimidator Spot Duos, Blizzard 3NX, Fab5, Hotbox

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                            • #30
                              Originally posted by StratGuy22 View Post
                              The answer is obvious. Bring back the old singer who owns the name. Give him an extra $100 because he owns the name.
                              It's my firm belief that our former singer will never perform in a band again. He resigned knowing that. If the band wasn't going to conform to his needs then he was going to end the band period! There was no in his inflated mind that he was going let the band carry on with a new singer.

                              We made him a clear offer last Fall of $2500 for use of the name and he scoffed... he would never sell it at that price. He also threatened that he was going to reform the band... and that other parties were interested in buying the name. All of it showed desperate tactics on his end. He has a baby on the way... he's married now.... his stage life is over. It was over when he said "Guys, I can't do this anymore... let's move on.. Good luck finding a new singer". His now wife HATED the band. Guess where she met him. LOL

                              We've already joked whether we reform in a year as "A Tribute to Nuts In A Blender" whether he could have any legal recourse. Former members of, Tribute to... The Band Formerly Known As... all seem very grey, but playable.
                              Last edited by wheresgrant3; 08-08-2014, 10:12 AM.
                              so over this signature BS!!!

                              Comment


                              • TIMKEYS
                                TIMKEYS commented
                                Editing a comment
                                I guess everything good comes to an end. You guys are at an age where other things tend to get in the way of bands. A second window of opportunity will open up when you get to the age that band members have the kids out of the house and they have more freedom and time. Some guys are able to play all the way through their lives, but typically they get out when family , and work take priority. Name it guts in a blender....and go for it.
                                Last edited by TIMKEYS; 08-08-2014, 01:30 PM.


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